Back / lumbar spine decisions — 2008

The Board found that the veteran's current neck and back disorders are not related to service, and thus denied his claims for service connection.

The Board found that the veteran's lumbar spine disorder was not incurred in or aggravated by service and denied his claim for service connection. The hearing loss in the right ear was also denied as there is no evidence of a current disability meeting VA criteria.

The veteran's claims for service connection are being remanded due to outstanding medical records and the need for further examinations.

The Board has remanded the case due to the need for verification of the veteran's National Guard service dates, including active duty, ACDUTRA, and INACDUTRA.

The Board has determined that the veteran does not have a current back disorder and therefore cannot establish service connection for his claimed condition.

The Board has determined that the veteran's current low back disorder is not related to his service and thus denied his claim for service connection.

The Board is remanding the case to the RO for further development due to missing service medical records and personnel records from the veteran's first period of service, as well as worker's compensation records. The claim will be readjudicated based on this additional evidence.

The Board denied service connection for breathing problems secondary to asbestos exposure due to lack of evidence of actual exposure and no shown disability.

The Board denied the veteran's claims for service connection for various conditions, finding no current evidence of these disabilities and concluding that they were not related to his military service.

The Board has granted service connection for a low back disorder and a left ankle disorder, finding that the veteran's current conditions are related to his military service.

The Board granted the veteran's claims for increased ratings and TDIU, with a 40 percent rating assigned for his lumbosacral spine disorder prior to February 27, 2001.

The Board denied the veteran's claim for service connection for residuals of a low back injury, including a herniated nucleus pulposus. The appeal also addressed an effective date prior to November 3, 2004, for the grant of service connection for chronic arthritis with degenerative changes of the cervical spine.

The Board has granted a 20 percent disability rating for the veteran's thoracolumbar spine disorder from January 31, 1974 to February 8, 2001. The condition was rated as 10 percent disabling prior to that date and not more than 20 percent thereafter.

The Board has determined that the veteran's low back disorder and allergic rhinitis were incurred or aggravated by his military service.

The veteran's service-connected low back disability, which includes residuals of a compression fracture at T12/L1 and degenerative disc disease, is currently rated as 30 percent disabling. The evidence does not support an increase to a higher rating.

The Board is remanding the case for further development, including a VA examination to determine if the veteran's current low back disability is related to his service.

The Board has granted a rating of 40 percent for the veteran's service-connected dorsolumbar paravertebral myositis with bilateral S1 radiculopathy, and denied claims for cervical spine disorder and shoulder disorder.

The Board has determined that the veteran's low back disability, which includes multiple retained metal fragments and degenerative disc disease with chronic pain, does not warrant a rating higher than 40 percent. The evidence did not support further referral for consideration of an extraschedular rating.

The Board has determined that the veteran's cervical and lumbar spine disabilities were not incurred or aggravated during his active military service. The claims for service connection are denied.

The veteran's appeal is being remanded for additional development, including obtaining mental health records and providing the veteran with a VA examination to determine the nature and etiology of any psychiatric disability found to be present. The veteran also needs an orthopedic examination to assess her current back disorder.