Back / lumbar spine decisions — 2008

The Board denied service connection for a low back disorder, osteoarthritis, and bilateral hip disorder due to lack of evidence showing these conditions were related to service.

The veteran's service-connected lumbar spine disability is now rated at 40 percent, the highest available rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Board found that new and material evidence had been received to reopen the veteran's claim of service connection for a low back disorder, but concluded that the evidence did not establish aggravation during service. The decision is mixed as some issues were granted while others were denied.

The Board has determined that the veteran's current degenerative joint disease and degenerative disc disease of the lumbar spine, as well as his radiculopathy of the lower extremities, are not related to his active service. The claim for service connection is therefore denied.

The veteran's appeal was denied for increased evaluations and service connection. The gunshot wound to the cervical spine at C2 remains rated at 20 percent.

The Board found that the veteran's low back disability is not related to service and denied his claim.

The Board found no current diagnosis of left hip or low back disabilities and concluded that the veteran's symptoms are not related to his service-connected condition.

The veteran's claims for service connection for peripheral neuropathy of the left lower extremity, degenerative disc disease of the cervical spine, and residuals of right arm fracture have been denied. The claim for increased rating for residuals of right total hip replacement has been granted with a current evaluation of 70 percent.

The veteran's service-connected lumbar spine disability, left lower extremity radiculopathy, and hemorrhoids with recurrent anal fissures have been rated as 20 percent disabling since April 1, 2004.

The Board has denied the veteran's claim to reopen his service connection for residuals of a low back injury with variation of lumbosacral joint area as new and material evidence was not received.

The veteran's lumbar disc disease, status post discectomy and fusion has been primarily manifested by pain on use with flexion at approximately 75 degrees. The RO denied an increased rating for the period from February 3, 2005 to February 26, 2008.

The Board has determined that the veteran's cervical spine disability, manifested by C7 radiculopathy, was incurred in active service and is rated at its maximum of 100 percent. The upper back disability claim remains denied as new and material evidence has not been received to reopen it.

The Board denied service connection for a low back disorder and a right ankle disorder, finding that there was no evidence of current disabilities or in-service incurrence.

The Board has decided to remand the veteran's claims for further development due to missing evidence and conflicting medical opinions.

The Board has determined that new and material evidence has not been received to reopen the veteran's previously denied claims of entitlement to service connection for amnesia, PTSD, and lumbosacral strain.

The veteran withdrew his appeal for service connection for asthma prior to the Board's decision. The remaining issues of service connection and increased ratings are remanded.

The Board found that the veteran's low back disability, manifested by pain and limited range of motion but no ankylosis, warranted a 40 percent evaluation under the General Rating Formula for Diseases and Injuries of the Spine. The claim for an increased rating was denied.

The Board has determined that the veteran's death was not caused by or related to premature ventricular contractions (PVCs) noted during service, and therefore denied the claim for service connection for the cause of the veteran's death.

The veteran's appeal is being remanded for further development, including scheduling a VA examination and obtaining Social Security Administration records.

The Board found that the veteran's low back disorder did not manifest during service or within one year of separation, and there was no evidence linking it to his military service. The claim for PTSD was remanded due to insufficient verification of stressors.