Back / lumbar spine decisions — 2008

The Board denied service connection for the cause of the veteran's death and DIC benefits under 38 U.S.C.A. § 1318, as there was no evidence linking the veteran's fatal conditions to his service or service-connected disabilities.

The veteran's low back disorder, lumbosacral strain, was not caused by his active military service.

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

The appeal is remanded for additional development and consideration of the evidence.

The veteran's claims for increased ratings were denied, except for a 40 percent rating from October 24, 2006 for his low back disability associated with the left hip disability.

The Board denied the veteran's claims for service connection for a back disorder, tinnitus, and an increased rating for residuals of a shell fragment wound of the left hand and wrist.

The appeal is REMANDED to the RO via the AMC for additional development, including obtaining relevant medical records and scheduling an examination.

The Board concluded that the preponderance of the evidence is against the claim for service connection for a back disability.

The Board found that the competent medical evidence of record does not support an etiological relationship between a current low back disorder and either service or a service-connected disability.

The Board found that the evidence did not support an evaluation in excess of 20 percent for lumbosacral strain or 10 percent for appendectomy scar, and a compensable evaluation under 38 C.F.R. § 3.324 was precluded as a matter of law.

The veteran's current low back disability is not the result of a disease or injury in service, including service connected scars, and was not aggravated by a service connected disability.

The veteran's claims for service connection for a low back disability and a psychiatric disability were not reopened as new and material evidence was not submitted.

The Board granted service connection for a back disability as secondary to the veteran's service-connected left knee disability, based on competent medical evidence indicating that at least a portion of the back disability is due to an altered gait pattern caused by the left knee condition.

The Board denied service connection for hearing loss of the left ear and bilateral plantar fasciitis, and found that a higher evaluation was not warranted for degenerative disc disease and spondylolisthesis of the lumbar spine with limitation of motion.

The Board denied service connection for chronic fatigue syndrome as secondary to the veteran's service-connected myofascial pain syndrome and sleep apnea, due to a lack of competent medical evidence supporting such a diagnosis.

The veteran's claims for service connection and the reopening of a previously denied claim were remanded for further development.

The Board denied service connection for a cervical spine disorder and degenerative joint disease, lumbar spine, as these conditions were not shown to be related to the veteran's military service or secondary to his service-connected lumbar myositis.

The veteran's claims for service connection for bilateral leg disabilities, a back condition, left ear hearing loss, and migraine headaches are being remanded to obtain additional evidence.

The veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is being remanded for further development.

The veteran's claim for an increased evaluation for degenerative disc disease of the cervical spine was denied, but his claims to reopen service connection for a seizure disorder and left knee degenerative joint disease were successful.