Back / lumbar spine decisions — 2008

The veteran's service-connected disabilities were evaluated and denied, with no specific effective dates provided.

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

The veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is being remanded for additional development, including obtaining employment history and Social Security Administration records.

The Board denied a rating in excess of 30 percent for the veteran's service-connected digestive system disability and found that new and material evidence had not been submitted to reopen his claim for service connection for degenerative disc disease of the lumbar spine.

The Board denied the veteran's claims for increased evaluations and service connection, finding no legal basis for an evaluation in excess of 10 percent for degenerative disc disease of the lumbar spine. The other issues were not addressed due to lack of a clear service connection claim.

The Board has determined that new and material evidence was not received to reopen the veteran's previously denied claims of service connection for a low back disability, dizziness (blackouts), heart disability, bilateral leg disability, and bilateral ankle disability. The veteran does not currently experience any of these disabilities attributable to active service.

The Board has determined that additional development is necessary and the case is being remanded to the RO for further action.

The Board denied the veteran's claims for increased ratings for left hip trochanteric bursitis and service connection for left knee disability and lumbar spine disability, finding that there was no evidence of current disabilities or a relationship to service.

The Board found that the veteran's claimed conditions did not have onset during service and are not related to his military service, including exposure to herbicides. As such, service connection for these conditions is denied.

The VA denied the veteran's claim for a rating in excess of 20 percent for his multilevel degenerative disc disease, lumbar spine. The current evaluation is 20 percent and the Board found that it does not meet the criteria for a higher rating.

The Board has remanded the case for a VA examination to determine if the veteran's low back disability is related to his service-connected left knee disability, and whether it was caused or aggravated by that condition.

The Board denied the veteran's claims for increased ratings and service connection, finding that her conditions did not meet the criteria for higher disability evaluations under applicable VA rating criteria.

The Board has granted service connection for a low back disorder and depression as secondary to the veteran's service-connected low back disorder.

The Board has determined that the veteran's lumbar spine intervertebral disc syndrome (claimed as back spasms) and right foot injury were not incurred in or aggravated by active military service. The examiner opined that the veteran's current back condition is more likely related to aging and occupational stresses over the years, rather than any residuals from a remote back pain condition while on active duty.

The Board has remanded the case for further development, including a determination on whether new and material evidence was received to reopen claims of service connection for mechanical back pain, instability of the right knee, and instability of the left knee. The effective date claims are also being remanded.

The Board denied the veteran's claims for service connection for a low back disability and asbestosis, and granted noncompensable service connection for bilateral hearing loss. The Board found that there was no evidence of chronicity in service or continuity of symptoms after discharge for either condition.

The VA determined that the veteran does not have impairment of urinary function due to or associated with his service-connected low back disability, and thus denied the claim for a separate compensable rating.

The Board found that there was no medical evidence linking the veteran's current low back disability to his service, and thus denied the claim for service connection.

The Board has denied the veteran's claims for an effective date earlier than January 14, 1998 for the grant of service connection for a low back disorder and for a rating in excess of 40 percent.

The veteran's appeal is being remanded due to the need for correspondence at their current address. The claim will be returned to the Board for further review if necessary.