Back / lumbar spine decisions — 2008

The appeal is remanded to the RO for scheduling a hearing before a Veterans Law Judge.

The appeal for service connection for a low back disability was remanded to provide the veteran with proper VCAA notice.

The Board granted service connection for degenerative disc disease of the lumbar spine but denied service connection for basal cell carcinoma of the left forearm.

The veteran's degenerative arthritis of the thoracolumbar spine was rated as 10 percent disabling, while his degenerative arthritis with medial epicondylitis of the right elbow did not meet criteria for a compensable evaluation.

The Board denied the veteran's claim for service connection for a back disability, to include as secondary to service-connected mild flat feet, based on the lack of evidence showing a relationship between any current back disability and either service or a service-connected condition.

The veteran's lumbar spine and knee disabilities were rated at 10 percent, which was the maximum allowed under the applicable rating criteria.

The Board found that the preponderance of the evidence is against the veteran's claims for service connection for a low back disability and a bilateral leg disability.

The Board denied service connection for a bilateral eye condition, residuals of a cyst on the neck, a low back condition, and weakness of the legs as there was no evidence of current disabilities related to service.

The appeal is remanded to the RO for additional development, including scheduling the veteran for a videoconference hearing before the Board.

The veteran's degenerative disc disease of L4-L5 is currently manifested by pain and slight limitation of motion, which does not warrant a higher evaluation.

The veteran's claim for service connection for abnormal PSA levels was denied as there is no evidence of a disability, and the condition is not included in the list of presumptive conditions associated with herbicide exposure.

The Board remands the veteran's claims for service connection for various disabilities, including those claimed as due to herbicide exposure and secondary to radiation treatment for a service-connected condition.

The veteran's claim for an earlier effective date for the award of service connection for degenerative disc disease of the lumbar spine was denied as there is no legal basis for an effective date prior to April 29, 1993.

The Board found that the veteran's left tibia and femur fracture residuals, right knee strain, and lumbar strain do not warrant higher ratings.

The Board denied a rating in excess of 20 percent for the veteran's lumbar spine injury, as the residuals have not been manifested by muscle spasm on extreme forward bending or forward flexion to 30 degrees or less, nor favorable ankylosis of the entire thoracolumbar spine.

The case was remanded for additional development due to the need for clarification of claims and obtaining medical records.

The appeal is remanded to the RO for further development and consideration of the veteran's claim for service connection for degenerative arthritis of the lumbar spine.

The veteran's neck disability was not related to his inservice car crash, and the current low back disability was denied service connection. The effective date for a 10 percent rating for the right knee disability could not be earlier than March 29, 2002.

The veteran is entitled to direct payment of supplemental attorney fees from past due benefits in connection with an award of increased ratings stemming from an initial claim of entitlement to service connection for degenerative disc disease of the lumbar spine.

The veteran withdrew his appeal for an increased evaluation for bilateral tinnitus, and the Board has no jurisdiction to review this issue.