Back / lumbar spine decisions — 2008

The Board found no evidence to support the veteran's claims for service connection of a back disorder and a psychiatric disorder (claimed as depression). The preponderance of the evidence did not show that these conditions were incurred or aggravated by active duty service.

The Board denied the veteran's claim for an increased rating in excess of 40 percent for his service-connected degenerative disc disease (DDD) of the lumbar spine, finding that it did not meet the criteria for a higher rating under VA's General Rating Formula for Diseases and Injuries of the Spine.

The Board has determined that the veteran's service-connected major depressive disorder and lumbosacral strain do not warrant higher initial evaluations.

The Board denied the veteran's claims for service connection for chronic low back and left hip disorders, finding that there was no credible evidence linking these conditions to his military service.

The veteran's claim for a higher disability rating for his lumbosacral strain with degenerative disc disease is being remanded due to the need for a new examination and consideration of additional evidence.

The Board found that the veteran's current cervical spine disability is not related to service and denied his claim for service connection.

The veteran's low back disability, which is service-connected and not due to a presumption or new evidence, does not meet the criteria for an evaluation in excess of 40 percent.

The Board denied service connection for a back disorder, flat feet, and a skin disorder (claimed as jungle rot of the feet) due to lack of evidence linking these conditions to military service.

The veteran's claims for increased disability rating and TDIU are being remanded due to procedural issues related to VCAA notification.

The Board found no current disabilities of the lumbar spine, thoracic spine, cervical spine, or right hip and thus denied service connection for these conditions.

The Board has determined that additional development is needed to determine the appropriate rating for cluster headaches, assess service connection for a back condition and allergic rhinitis, and consider other issues raised by the veteran.

The Board has reopened the veteran's claim of entitlement to service connection for lumbosacral strain due to new and material evidence submitted since the last final decision. The underlying merits of the claim will be addressed in a separate remand.

The Board denied service connection for the veteran's claimed back disorder, finding no evidence linking it to military service or a service-connected disability.,The Board also denied compensation under 38 U.S.C.A. § 1151 for the back disorder, concluding that there was no evidence of negligence or carelessness by VA medical personnel.

The Board has ordered the RO to obtain SSA records and VA treatment records from the Lowell VAMC. The claims for service connection will be readjudicated based on whether new and material evidence has been received.

The Board has remanded the case for a medical examination to determine if the veteran has a current low back disability and whether it is related to an in-service injury.

The Board has determined that the veteran's bilateral hearing loss, lumbar spine disability, and bilateral plantar heel syndrome are not service-connected. The right femur fracture is service-connected but does not warrant an increased rating.

The veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support higher evaluations or service connection for his claimed conditions.

The Board has determined that the veteran's current lumbar spine disability is not related to his active service and denied his claim for service connection.

The Board denied the veteran's claim of entitlement to service connection for degenerative joint disease of the lumbar spine, finding that new and material evidence had been submitted but concluding that the disability was not incurred in or aggravated by military service.

The veteran's lower back disability is rated at 60 percent, his right shoulder disability at 20 percent effective the day after discharge from service, and his hypertension remains at a 10 percent rating.