Back / lumbar spine decisions — 2008

The Board denied the veteran's claim for an increased evaluation for his service-connected chronic cervical strain with degenerative disc disease, finding that the evidence did not support a rating higher than 20 percent.

The Board found no evidence of a chronic low back disorder during service and denied the claim as there is not sufficient medical evidence to establish a nexus between the current disability and service.

The veteran's claims for increased evaluations and service connection were partially granted. The lumbosacral strain claim was denied, the right fifth metatarsal fracture claim was granted with a 20% evaluation, left hammertoes status post arthroplasty (toes two through five) prior to April 6, 2001 were denied and from June 1, 2001 onwards were granted with a compensable evaluation, and the bilateral trochanteric bursitis claim was granted as secondary to service-connected residuals of fractures of the right fifth metatarsal.

The veteran's appeal is being remanded due to the need for additional medical records and VCAA-compliant notice.

The Board denied service connection for chronic disabilities of the low back and left hip as secondary to the veteran's service-connected postoperative Osgood-Schlatter's disease of the left knee, finding no competent clinical evidence linking these conditions.

The Board found that the veteran's lower back disability was not incurred during his military service and denied his claim.

The Board denied the veteran's claims for increased ratings for her degenerative lumbar spine disc disease and post-operative fibrocystic breast disease, finding that the evidence did not support a higher rating under the applicable diagnostic codes.

The veteran's low back strain and mild osteoarthritis of the lumbar spine are currently rated at 40 percent, which is the maximum rating available under the General Rating Formula for Diseases and Injuries of the Spine. The increased ratings for bilateral hearing loss and residuals of an injury to the left index finger are denied as they do not meet the criteria for a compensable rating. Total disability based on individual unemployability is also denied.

The Board found no evidence of a service connection for the veteran's low back disorder or depression and/or anxiety, as these conditions are not shown to be related to his military service.

The Board has granted a 20 percent rating for the veteran's service-connected back disability, effective February 25, 2004. The veteran had previously been denied an increased rating.

The Board found that the veteran's bilateral hearing loss and tinnitus are related to his military service, while his bronchial asthma, peripheral neuropathy of the upper and lower extremities, and degenerative disorders of the lumbar spine are not service-connected.

The Board has remanded the case for further development to determine if the veteran's current lumbar spine conditions, inguinal hernia, and dental issues are related to his military service.

The Board denied the veteran's claims for a higher rating for duodenal ulcer disease with hiatal hernia and gastroesophageal reflux disease, as well as his claim for a higher rating for residuals of a left ankle strain with degenerative arthritis. The maximum schedular ratings were not met.

The Board has remanded the case for further development, including an examination of the veteran's lumbar spine and a determination on whether his current back problems are related to service.

The Board has reopened the veteran's claim for service connection for a lumbosacral spine disability. The claims for bilateral knee disorder and chronic vestibulopathy are remanded due to inadequate examination report.

The Board has determined that the veteran's claimed low back disorder, diabetes mellitus, type II, and hypertension were not incurred in or aggravated by military service.

The veteran's claims for increased ratings for various knee and back disabilities, as well as right ear hearing loss, were denied by the Board of Veterans' Appeals.

The veteran's schizophrenia is presumed to have been incurred during service, and he was granted service connection for PTSD. His back disability has been rated at 20 percent since June 17, 1996.

The Board has determined that the veteran's degenerative disc disease of the lumbar spine is related to an in-service injury and granted service connection.

The Board denied the veteran's claims for higher initial ratings for his degenerative disease of the cervical and lumbar spines, finding that the evidence did not support a rating in excess of 10 percent under either the old or revised VA schedular criteria.