Back / lumbar spine decisions — 2008

The Board has determined that the veteran's low back disability is at least as likely as not incurred during his period of active service, and thus grants service connection for this condition.

The veteran's appeal is being remanded for additional development, including VA examinations and the retrieval of relevant records.

The Board has granted an initial rating of 20 percent for the veteran's service-connected back disability, fractures of the third metatarsals, and chronic testicular/groin pain. The ratings are based on direct service connection without any presumption or secondary theory.

The Board has determined that additional development is needed to properly evaluate the veteran's lumbar spine disability and radiculopathy of the right leg. This includes obtaining updated medical records, scheduling a VA examination, and considering both old and new rating criteria.

The veteran's appeal was granted, with a 20% disability rating for post-operative residuals of temporomandibular joint dysfunction from August 18, 2004. The other claims were either denied or not addressed in the decision.

The veteran's claims for higher initial evaluations for lumbar L2-L3 and L5-S1 herniated nucleus pulposus, herniated disc at T5-6, T8-T9, and T9-T10, and ingrown toenail on the left great toe were denied. The VA found that the veteran's conditions did not meet the criteria for higher ratings under the applicable rating criteria.

The Board has denied the veteran's claims for service connection for subdural hematoma, low back disorder, prostate disorder, and residuals of a left toe injury as there is no competent medical evidence linking these conditions to his military service.

The Board has denied the veteran's claim for an earlier effective date for service connection of degenerative disc disease of the lumbar spine, finding that no valid claim was filed prior to February 5, 2003.

The Board has determined that the veteran's low back disability, including lumbar degenerative disc disease and lumbar stenosis, is related to service. Service connection for these conditions is granted.

The Board denied service connection for the veteran's low back condition and right leg injury, finding no evidence of an in-service injury or disease. The claim for nonservice-connected disability pension was also denied due to the veteran's countable income exceeding the maximum limit.

The Board denied the veteran's claims of service connection for hypertriglyceridemia, low back disability as secondary to HIV, and GERD. The evidence did not support a finding of a current disability resulting from these conditions.

The Board has found new and material evidence to reopen the claim of service connection for residuals of a low back injury. However, there is no competent medical evidence showing current diagnoses or chronic disabilities of the foot, leg, hip, anxiety/depression, or PTSD.

The Board has remanded the case due to incomplete information and need for additional examinations. The veteran's claim will be reconsidered after all necessary steps are taken.

The Board denied service connection for cervical spine degenerative disc disease and numbness of the arms, but granted a 20 percent evaluation for left lower extremity L5 radiculopathy.

The Board has reopened the veteran's claim of service connection for low back disability due to new and material evidence submitted since the July 1966 decision. The case is remanded for a VA examination and further development.

The Board denied service connection for Type II Diabetes Mellitus, Chronic Lymphocytic Leukemia, a low back disorder, and an inguinal hernia. The veteran's current conditions are not linked to his military service.

The Board denied the veteran's claims for service connection for prostate cancer, bilateral hearing loss, a back disorder, a psychiatric disorder, and a foot disorder. The decision found that there was no clear and unmistakable evidence to support any of these claims.

The Board has denied the veteran's claims for service connection for a back disorder and hypertension, finding that there is no evidence linking these conditions to his military service.

The veteran's claims for higher initial disability ratings and service connection were denied. The Board found no evidence of a back, neck, right upper extremity, or left upper extremity disability.

The Board has denied the veteran's claims for service connection for bilateral hearing loss, tinnitus, asbestosis, chronic sinusitis, and a low back disorder due to lack of evidence linking these conditions to his military service.