Back / lumbar spine decisions — 2008

The Board has determined that new and material evidence has not been submitted to reopen the claim of service connection for lumbosacral strain with degenerative joint disease.

The Board granted a 40 percent disability rating for the veteran's low back disability and denied an increased rating for his schizophrenia. The low back disability is rated based on its functional impairment, while the schizophrenia is rated under general diagnostic criteria.

The Board denied service connection for a low back disorder, arthritis of the right shoulder and left hip/knee joints, as well as other conditions. The veteran's current joint problems are not related to his period of active service.

The Board found no evidence of a pre-existing back condition and concluded that the veteran's current back disorder is not related to his military service.

The Board found that the veteran's neck and back injuries, as well as his lumbar spinal arthritis with numbness of the lower extremities, were not incurred in or aggravated by his military service.

The Board denied an increased rating for the veteran's degenerative disc disease of the lumbar spine and did not address his TDIU claim.

The Board has denied the veteran's claim for an earlier effective date of January 3, 2001 for a 60 percent disability rating for her service-connected lumbar spine degenerative disc disease with hyperlordosis. The evidence does not show any increase in disability within one year prior to January 3, 2001.

The veteran's claims for service connection for bilateral shoulder disability, neck disability, back disability, and right knee disability have been denied. The Board found that new and material evidence has not been submitted to reopen the claim of service connection for bilateral shoulder disability. For the other conditions, the preponderance of the evidence is against a finding of service connection.

The Board has determined that the appellant does not have a current disability for which service connection can be granted, including left shoulder disorder, low back disorder, right knee disorder and left knee disorder.

The VA determined that the veteran's lumbosacral strain disability, characterized by pain and limited motion, did not meet or exceed the criteria for a higher rating than 40 percent.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination.

The veteran withdrew his appeal for the issues of entitlement to service connection for a right shoulder disorder, residuals, bilateral ankle sprain, a left foot disorder, and a low back disorder.

The veteran's claims for PTSD, onychomycosis of toenails, sinusitis, and pain and stiffness in joints with swelling and cramps involving the left lower extremity were all denied. The appeal is not about service connection at all.

The veteran's appeal was dismissed as he did not file a timely Substantive Appeal for the claims of service connection for spondylitic protrusion and desiccation of the lumbar spine, bilateral hearing loss, arthritis, atherosclerotic heart disease, and asthma.

The Board denied the veteran's claim for service connection for degenerative joint disease of the lumbar and cervical spine, finding that new and material evidence had not been submitted to reopen the claim.

The Board denied the veteran's claims for service connection for reflex sympathetic dystrophy, osteoarthritis, degenerative disc disease, and neuropathy due to a lack of evidence linking these conditions to his military service.

The Board has determined that the veteran's current back disability is not related to his military service and therefore denied his claim for service connection.

The Board has determined that the appellant's current lumbar spine disorder, including sciatica, is a result of disease or injury incurred during active military service. The leg disorder claim was not addressed as it does not meet the criteria for service connection.

The veteran's claims for increased ratings for osteoarthritis of the lumbar spine and service connection for bilateral hearing loss and tinnitus were denied. The Board found no evidence to support a nexus between current hearing loss or tinnitus and service, and denied both claims.

The Board denied the veteran's application to reopen his claim of service connection for a low back disability, finding that there was no new and material evidence presented since the May 2002 decision.