Back / lumbar spine decisions — 2008

The Board denied the veteran's claims for service connection for heart disease and a low back disability, finding no current evidence of these conditions and insufficient medical opinion linking them to service.

The veteran's death was not caused by a service-connected disability. The veteran did not meet the criteria for DIC under 38 U.S.C.A. § 1318 as he had no continuous total rating for ten years prior to his death.

The veteran's appeal has been withdrawn for the issues of entitlement to higher ratings for his low back disorder and service connection for bowel dysfunction, bladder dysfunction, and a skin disorder. The claim for hepatitis C is not supported by evidence.

The veteran's arthritis of the lumbar spine is currently rated at 20 percent, and his claim for increased evaluation for major depression has been withdrawn.

The veteran's service-connected low back disability, including intervertebral disc syndrome and radiculopathy, is productive of daily pain with severely limited motion. The RO granted a rating of 40 percent for the low back disability.

The veteran's claims for service connection are being remanded due to the absence of her service medical records and failure to provide VCAA notice. The RO is instructed to obtain these records, issue proper VCAA notifications, and then readjudicate the claims.

The veteran's service-connected low back strain with superimposed transitional L5 disability does not meet the criteria for a TDIU due to his ability to perform sedentary work despite some functional impairment.

The Board denied an increased evaluation for the veteran's low back disability, finding that the evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.

The appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The VA denied increased ratings for the veteran's spine disabilities, finding that the conditions did not meet the criteria for higher evaluations.

The Board found that the veteran's service-connected disabilities, including PTSD and cervical/lumbar spine conditions, did not prevent him from securing or following substantially gainful employment prior to September 26, 2003. Therefore, an earlier effective date for TDIU is denied.

The VA determined that the veteran's additional low back disability and neurological impairment were not caused by or a result of the May 2001 VA surgery, thus denying compensation under 38 U.S.C.A. § 1151.

The Board denied increased ratings for the veteran's neurogenic bladder and lumbar spine conditions, finding that the evidence did not support a higher rating prior to July 12, 1995, and that the current evaluation of 40 percent was appropriate as of that date.

The Board has remanded the case due to additional evidence submitted by the veteran and his request for a videoconference hearing.

The veteran's appeal is being remanded to schedule a videoconference hearing before a Veterans Law Judge at the St. Petersburg, Florida RO.

The Board has denied the veteran's requests to reopen his claims for service connection for chronic back disorder, chronic neck disorder, and chronic left inguinal hernia. The evidence submitted since the October 1997 rating decision is not considered new and material.

The Board has remanded the case for further development, including addressing a service connection claim for intervertebral disc syndrome and its manifestations of degenerative disc disease. The TDIU claim will be reconsidered after these issues are resolved.

The veteran's low back disorder is granted service connection, and his bilateral hearing loss is assigned a 10 percent evaluation effective November 12, 2006.

The Board found that service connection was granted for varicose veins of the left leg, as this condition is considered a direct result of service. Service connection for a back condition was denied due to lack of evidence linking it to service.

The Board found no evidence linking the veteran's degenerative disc disease of the lumbar spine to service, and denied his claim for service connection.