Back / lumbar spine decisions — 2008

The veteran's service connection claims for a depressive disorder and osteoporosis were granted, while the TDIU claim was remanded.

The appeal is remanded to the RO for further consideration of the initial rating assignment for low back pain with arthritic changes, including an evaluation under the criteria in effect prior to September 26, 2003.

The veteran's lumbosacral sprain is related to his active military service.

The Board remanded the claim for further development, specifically to clarify whether the veteran's lumbosacral spine disorder was incurred or aggravated by military service.

The Board found that the veteran's low back disorder, including intervertebral disc syndrome, was not incurred or aggravated during his period of service.

The veteran's claims for increased ratings, to reopen a claim for service connection for a low back disability, and entitlement to TDIU were denied.

The Board granted service connection for cervical spine and lumbar spine degenerative arthritis, but denied service connection for a right shoulder disability. The veteran was also granted service connection for anal fissures and hemorrhoids.

The veteran's intervertebral disc syndrome of the lumbar spine is manifested by chronic low back pain, limitation of motion, and mild neurological deficit in the left lower extremity; neither unfavorable ankylosis of the lumbar spine or incapacitating episodes of intervertebral disc syndrome of a total duration of at least 6 weeks during the past 12 months are shown.

The Board denied eligibility for VA medical care and related benefits provided by 38 U.S.C. Chapter 17 for treatment of the appellant's right ankle, left ankle, back, and left foot disabilities due to a lack of evidence showing that any of these conditions were incurred in or aggravated during active service.

The Board denied service connection for a low back disorder and left leg disorder as there is no medical evidence of record that relates the veteran's currently diagnosed conditions to military service.

The Board granted service connection for a cervical spine disorder, to include osteoarthritis and degenerative disc disease, resolving all reasonable doubt in favor of the veteran.

The veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on the need for aid and attendance or financial assistance for an automobile or adaptive equipment.

The Board denied the veteran's claims for service connection for degenerative disease of the lumbar spine and entitlement to a total disability evaluation based on individual unemployability (TDIU).

The Board denied a higher rating for the veteran's arrested tuberculosis of the lumbosacral spine with residual surgical fusion, finding that the evidence did not support a rating in excess of 50 percent from June 19, 2003, to September 10, 2003, and did not warrant a rating in excess of 40 percent since November 5, 2003.

The veteran's claims for service connection for tinnitus, a back disability, PTSD, coronary artery disease, hypertension, and bilateral neuropathy of the upper extremities were denied as there was no evidence to support a link between these conditions and his military service or any service-connected condition.

The appeal is remanded to the RO for further development of evidence and consideration.

The Board remanded the veteran's appeals for service connection of a cervical spine disability and for an increased rating above 40 percent for his service-connected low back condition. On remand, VA must obtain additional medical records, provide proper notice to the veteran, and schedule examinations to determine the etiology of the cervical spine condition and reassess the current level of the low back disability.

The Board denied service connection for a chronic low back disorder as there was no evidence linking the current condition to active service.

The Board denied the veteran's claim for service connection for lumbar discogenic disease, L3-L4 early degenerative disc changes and L4-L5 with lumbar myositis as there was no medical evidence to support a finding that his current low back condition was related to his active military service.

The veteran's left shoulder disability is rated as 20 percent disabling due to limitation of motion at the shoulder level.