Back / lumbar spine decisions — 2008

The Board has determined that the veteran does not have a current low back disorder or disability manifested by low blood pressure, and therefore service connection for these conditions is denied.

The veteran's claim for increased ratings for lumbar myositis was denied by the RO. The issue remains in appellate status.

The Board has reopened the veteran's claims for service connection for a low back disorder, hypertension, and sleep disorder due to undiagnosed illness. The evidence submitted since the final decisions is considered new and material as it supports the presence of an undiagnosed illness manifested by these conditions.

The Board denied the veteran's claims for service connection for lumbar radiculopathy, increased evaluation for lumbosacral strain, and increased evaluation for hypothyroidism. The decision found that there was no evidence of lumbar radiculopathy or a basis to grant an increased rating for either disability.

The Board has reopened the veteran's claim of entitlement to service connection for a back disability and granted an effective date prior to June 5, 2002, for his right carpal tunnel syndrome. The claims regarding evaluation in excess of 10 percent for residuals of a fracture, right distal radius and ulnar styloid process, and TDIU are referred to the RO.

The Board has reopened the veteran's claims for service connection for back, neck, and right shoulder disorders due to new evidence submitted since the final August 2000 rating decision. The claims are now considered granted.

The veteran's lumbar spondylolisthesis and lumbosacral scar are currently rated at 20 percent, which is the maximum schedular rating for these conditions. The appeal has been granted.

The Board has granted service connection for a bilateral foot condition, claimed as jungle rot, and the low back disorder. The veteran's claims are now complete.

The veteran is service connected for degenerative disc disease of the lumbar spine, rated as 60 percent disabling. The Board has determined that he is unable to secure or follow a substantially gainful occupation due to his service-connected back disability and granted a TDIU rating.

The VA has denied the appellant's claims for increased ratings and effective dates related to his lumbar spondylosis with degenerative disc disease, cervical spondylosis with degenerative osteoarthritis and disc disease, and left lower extremity radiculopathy. The VA found that none of these conditions have significantly changed since the last rating decision.

The veteran's appeal is being remanded for further development, including obtaining additional VA treatment records and scheduling a medical examination to assess the current nature and severity of his service-connected low back disability.

The Board has denied the veteran's claims for service connection for headaches, sinus condition, bilateral shoulder condition, hearing loss, tinnitus, low back condition, and knee condition as they are not shown to be related to his military service.

The veteran's claims for service connection and compensation under 38 U.S.C.A. ¶ 1151 are being remanded due to the need for additional medical examinations and an opinion from a physician regarding the cause of his digestive system infection and stomach hole.

The veteran's low back strain with lumbago and annular tear at L4-5 and disc protrusion is currently rated 40 percent disabling.,Since November 30, 2005, the veteran has a separate 10 percent rating for objective neurological abnormality.

The Board has determined that the veteran's claimed disabilities, including a back disability, depression, gallbladder disability, and blood disability, were not incurred or aggravated during his military service. The claims are therefore denied.

The veteran's service-connected conditions (chronic low back pain and major depression) require dental care, but the VAMC in San Francisco is not geographically accessible. The Board has determined that the veteran should receive non-VA fee basis dental care due to the aggravation of her service-connected conditions from travel.

The Board has determined that the veteran does not have a current disability associated with his left toes or right thigh muscle strain, and there is no evidence of such disabilities in service. The low back pain was not shown within one year after separation from service and is not linked to service.

The Board denied the veteran's requests to reopen his previously denied service connection claims for lumbar and cervical spine disabilities, finding that no new and material evidence had been submitted.

The Board has remanded the case for additional development due to a failure to address evidence of a neurological deficit in the report of VA orthopedic examination.

The veteran's claims for increased ratings for hypertension and low back disability, as well as his claim for TDIU based on these conditions, were denied by the Board. The effective date is not specified.