Back / lumbar spine decisions — 2008

The Board has determined that the veteran does not have any of the claimed conditions (tinea pedis, low back strain, cervical strain, or residuals of a head injury) that are service-connected. The evidence does not support a finding that these conditions were incurred in or aggravated by military service.

The veteran's claims for service connection were denied as his conditions are not related to his active duty service, including exposure to herbicides.

The Board found that the veteran's mild anterior wedging of T-9 and mild posterior spurring at the disc interval between T-8 and T-9 is service-connected. However, a chronic acquired back disability was not incurred in or aggravated by service.

The Board has determined that the veteran's low back disability warrants a 20 percent rating, effective December 13, 1999.

The veteran's claims for increased evaluations for high frequency hearing loss and cervical spine disability were denied. The RO found that the evidence did not support a higher evaluation for either condition.

The veteran's claims for increased ratings for intervertebral disc syndrome of the lumbar spine and degenerative arthritis of the thoracic spine were denied. The RO found that the evidence did not meet the criteria for higher ratings under the applicable rating criteria.

The Board has remanded the case for further development, including a VA examination to determine if the veteran's neck, back, and right knee conditions are related to his military service. The claims will be reconsidered based on the new evidence.

The veteran's service-connected disabilities are found to have contributed substantially or materially in causing his death. The DIC claim is dismissed as the veteran was already receiving a combined rating of 100% due to service-connected disability.

The veteran's service-connected chronic low back muscle spasm, status post-spinal fracture and deformity of T-8 and T-11 with degenerative arthritis, was rated at 30 percent prior to December 15, 2006. The evidence did not support a higher rating under the old VA rating criteria.

The Board granted a 40 percent evaluation for the veteran's service-connected lumbosacral strain, effective from December 17, 2007. The rating is based on severe limitation of motion of the lumbar spine.

The Board has determined that service connection is not warranted for the claimed conditions, as they are not related to service or exposure to ionizing radiation.

Throughout the appellate term, the veteran's lumbar degenerative disc disease was not manifested by either unfavorable ankylosis of the lumbar or thoracolumbar spine, or by incapacitating episodes.,From March 25 to May 12, 2003, the veteran's lumbar degenerative disc disease was not manifesting lower extremity radiculopathy of a compensable degree. From May 13, 2003 and thereafter, the veteran's low back disorder was objectively manifested by mild left lower extremity radiculopathy. Since December 1, 2003, the veteran's low back disorder has not manifested moderately severe left lower extremity radiculopathy.

The Board has determined that the submitted evidence does not relate to an unestablished fact necessary to substantiate the claim of service connection for the cause of the veteran's death and thus, the claim is denied.

The Board has granted a 40 percent rating for the service-connected lumbosacral strain with degenerative joint disease, effective from December 31, 2003.

The veteran's appeal is remanded due to scheduling issues for a video conference hearing before the Board.

The Board denied the veteran's claims for service connection for a back disability and a right foot disability, finding that there was no evidence of a chronic disability in service or within one year after service. The Board also found insufficient medical evidence to link any current disabilities to service.

The veteran's claims for increased ratings for service-connected degenerative disc disease of the thoracolumbar and cervical spine are being remanded due to procedural defects in the VCAA notice provided.

The Board has determined that the veteran's low back disability was not incurred in or aggravated by service and denied his claim. The dental disability claim is also denied as it does not meet the criteria for VA compensation based on dental disability.

The veteran's visual acuity is not a disease for VA compensation benefits.,Service connection for headaches and residuals of an eye injury was denied in April 1977, and no new material evidence has been received since then. The claim remains denied.

The Board has dismissed the appeal seeking service connection for a low back disability due to the veteran's withdrawal of his appeal. The claim for service connection for a cervical spine disability is denied as there is no evidence linking it to service.