Back / lumbar spine decisions — 2008

The Board has determined that there is no evidence to support a service connection claim for the claimed disabilities, and thus the claims are denied.

Throughout the rating period on appeal, the competent medical evidence of record demonstrated that the veteran's service-connected lumbar spine disability was manifested by complaints of pain and limitation of motion without associated neurological impairment. As a result, the criteria for an evaluation in excess of 20 percent were not met.

The Board found no evidence of a low back disability during service and concluded that the current condition is not related to military service. The claim for service connection was denied.

The VA determined that the veteran's lumbar spine degenerative disc disease does not warrant a rating in excess of 10 percent, as his range of motion and symptoms do not meet the criteria for such an increase.

The veteran's claims for service connection have been reopened. The RO has also granted increased evaluations for her right and left calcaneal fractures, each rated at 30 percent disabling.

The veteran's low back disability was rated at 20 percent from July 22, 1993 to March 1, 2001 and increased to 40 percent thereafter. The claim for a higher rating is denied as the evidence does not support an evaluation in excess of 40 percent.

The veteran's lumbar spine disability was initially rated as 10 percent prior to January 22, 2007 and increased to 40 percent on and after that date.,Prior to January 22, 2007, the veteran's condition met criteria for a 20 percent evaluation. On and after January 22, 2007, the disability did not warrant an evaluation in excess of 40 percent.

The Board has determined that the veteran's current low back disorder was not incurred in or aggravated by service, and therefore denied his claim for service connection.

The VA denied an initial rating in excess of 20% for the veteran's residuals of a lumbar discectomy with degenerative joint disease (DJD), and granted a 10% rating for his right lower extremity radiculitis. The veteran's service-connected disabilities do not meet the criteria for a T/R.

The Board has determined that the veteran's tympanic membrane disability, low back disability, and ankle disability were not incurred or aggravated by service. The hearing loss disability issue is addressed separately.

The Board has determined that there is no evidence of a right femur fracture or current residuals thereof during service, and the veteran's lumbar spine disability is not linked to his military service. Therefore, both claims for service connection are denied.

The veteran's schizophrenia is rated at 100% and his lower back disability is rated at 40%. The veteran meets the criteria for SMC based on need for aid and attendance, but does not meet the criteria for an earlier effective date for TDIU.

The Board has granted an increased evaluation for the veteran's service-connected degenerative disc disease, L4-5, with right radiculopathy and a total disability rating for compensation purposes based on individual unemployability.

The veteran's claim for a higher disability rating for his service-connected low back disability is being remanded due to the need for additional medical development, including an examination of the current severity of his condition.

The Board has determined that the veteran does not have a current disability for his claimed back disorder, renal carcinoma (kidney disorder), or Gulf War Syndrome. The evidence does not support service connection for any of these conditions.,There is no competent medical evidence linking the veteran's current kidney disorder to active service.

The Board has remanded the case for additional development, including obtaining medical records and addressing notice requirements.

The Board found that the veteran's lumbar spine disability is not proximately due to or aggravated by his service-connected bilateral foot disabilities, and thus denied the claim for secondary service connection.

The Board denied the veteran's claims for increased evaluations for his low back strain with degenerative joint disease and prostatitis, finding that the evidence did not warrant a higher rating under the applicable VA rating criteria.

The Board denied the appellant's claims of service connection for irritable bowel syndrome, diverticulitis status post surgery, prostate surgery residuals, and a low back condition. The evidence did not show any link between these conditions and military service or exposure to radiation.

The Board has denied the veteran's claim for service connection for a low back disorder, finding that there is no evidence linking his current condition to his military service.