Back / lumbar spine decisions — 2008

The Board has determined that the evidence received since the January 1998 denial does not raise a reasonable possibility of substantiating the claim for service connection for a back condition.

The Board has ordered the case to be remanded for additional development of medical records and service personnel files.

The Board found that there is no evidence to support the veteran's claim of service connection for residuals of a stroke, as his stroke was not causally related to service or any incident of service. The preponderance of the evidence is against finding that inflammation associated with his service-connected low back disability caused or contributed to his stroke.

The veteran's claim for an initial evaluation in excess of 10 percent for his service-connected degenerative joint and disc disease of the lumbosacral spine is granted. However, the issue of whether there was clear and unmistakable error (CUE) in a prior August 1953 rating decision denying service connection for low back disability must be addressed along with the claim for an effective date prior to November 19, 2004.

The veteran's degenerative disc disease of the lumbar spine has been rated at 40 percent since August 20, 2007. The rating is based on limitation of motion, muscle spasm, abnormal gait, and incapacitating episodes.

The veteran's appeal is remanded due to incomplete development of his claims, including the need for additional VA outpatient treatment records and a more detailed examination of his spine.

The Board has decided in favor of the veteran, granting service connection for a low back disability.

The Board has determined that there is no current evidence of a service-connected back disability, and thus the claim for service connection is denied.

The veteran's service-connected disabilities do not meet the criteria for a TDIU rating under either the percentage or extraschedular standards.

The veteran's lumbosacral strain with traumatic arthritis is currently rated at 40 percent disabling, which represents the maximum schedular rating available for this condition.

The Board denied the veteran's claims for service connection for low back and neck disabilities, finding no current diagnosed conditions or a link to service.

The veteran's right hip disability is rated at 50 percent since June 30, 2003. Her shortening of the right lower extremity is also rated at 50 percent effective April 30, 2002. The Board granted service connection for her right knee and left knee disabilities as secondary to her total hip arthroplasty.

The Board denied the veteran's claims for service connection for a bilateral foot disability and a back disability, as well as his claim of entitlement to an increased rating for his shell fragment wound scar of the left shoulder. The decision also granted service connection for burn scars of the fingers but assigned a noncompensable disability evaluation.,The Board denied the veteran's petition to reopen his claims for service connection for a bilateral foot disability and a back disability, as well as his claim of entitlement to an increased rating for his shell fragment wound scar of the left shoulder. The decision also granted service connection for burn scars of the fingers but assigned a noncompensable disability evaluation.

The veteran's appeal is being remanded for a Travel Board hearing at the Honolulu, Hawaii RO. The issues of service connection for low back disability, jaw injury residuals, and hypertension are pending.

The Board has reopened the veteran's claim and determined that new evidence supports a finding of service connection for low back disability, cervical spine disorder, hip disorder, left hand nerve damage, generalized arthritis, hypertension, psychiatric disorder, bilateral knee disability, digestive disorder, and foot disability. The conditions are presumed to have been aggravated by service.

The Board has remanded the case for further development to determine the precise nature and extent of the veteran's current low back disorder and whether it was incurred or aggravated during active duty.

The Board has determined that the veteran's hypertension and low back disability were not incurred in or aggravated by service, and may not be presumed to have been so incurred. Therefore, these claims are denied.

The veteran's service-connected lumbar strain with degenerative changes is currently rated at 20 percent, and the Board granted a higher evaluation.

The Board denied the veteran's claim for service connection for a lumbar spine disorder, finding that there was no evidence to support a direct relationship between his current condition and his military service.

The Board denied service connection for degenerative disc disease of the lumbar spine, right ankle sprain, and bilateral carpal tunnel syndrome. The veteran's claim for these conditions is remanded to obtain additional evidence.