Back / lumbar spine decisions — 2008

The Board has remanded the case due to insufficient evidence regarding the etiology of the veteran's low back disability and a need for further examination.

The VA denied the veteran's claims for service connection for CTS of the left and right wrists, circulation problems of the bilateral lower extremities, low back disability, and gout. The evidence did not support a finding that these conditions were related to her military service.

The Board denied the veteran's claims for a compensable rating for bilateral hearing loss, service connection for a back condition, and service connection for McArdle's Disease. The evidence did not support these claims.

The Board denied the veteran's claims for increased evaluations for her mechanical low back pain with MRI evidence of spondylosis, finding that she did not meet the criteria for a disability evaluation in excess of 40 percent prior to May 18, 2005 and from May 18, 2005.

The veteran's service-connected chronic mechanical low back disability is not shown to warrant a higher rating than the current 40 percent.

The Board has denied the veteran's claims for service connection for a right corneal abrasion, lumbar spine disorder, and neck disorder due to lack of evidence linking these conditions to service.

The veteran seeks service connection for secondary disabilities of his low back, neck, and arms due to his service-connected knee disabilities. The case is remanded for further development including obtaining VA outpatient records and scheduling a VA orthopedic examination.

The Board denied the veteran's claims for service connection for PTSD, right and left shoulder disabilities, right and left knee disabilities as secondary to shoulder and back conditions, and a back disability as secondary to a shoulder condition due to lack of evidence of current disabilities or in-service events/injuries related to these conditions.

The RO denied the veteran's claims of service connection for various conditions, including knee disorder, acid reflux disease (GERD), low back disorder, hip disorder, testicular pain, ankle disorder, legs/thigh disorder, bronchitis, recurring hives with sweating, and sinusitis. The veteran did not provide a specific NOD regarding these denied issues.

The Board has dismissed the veteran's appeals regarding entitlement to an initial evaluation in excess of 10 percent for a service-connected right knee disorder and seizure disorder due to his withdrawal. The claims for fibromyalgia, neck disorder, and low back disorder have been denied as there is no medical evidence showing these conditions are related to military service.

The veteran's claims for increased evaluations for his right shoulder bursitis and degenerative joint disease of the lumbar spine were denied as there is no evidence of limitation of motion to 25 degrees from the side or incapacitating episodes within the past year.

The Board found no evidence of a current left leg disability and denied service connection for the veteran's claimed left leg disability. The claim for an increased rating for lumbar and thoracic spondylosis was also denied.

The veteran's claims for increased disability evaluations and service connection were denied. The Board found that the veteran did not have any current disabilities related to his claimed conditions.

The VA denied the veteran's claim for a TDIU due to his service-connected lumbar spine disability, as it did not meet the criteria for a total disability rating based on individual unemployability.

The Board has determined that the veteran's claimed conditions are not related to his active service and therefore denied his claims for service connection.

The November 2006 Board decision denied entitlement to a rating in excess of 30 percent for hiatal hernia, and denied an effective date prior to August 18, 1995, for the grant of service connection for COPD/chronic bronchitis, as well as grants of increased ratings and TDIU. The veteran now contends that these determinations contain clear and unmistakable error (CUE).

The Board denied service connection for various conditions, including skin disorders, migraines, hypertension, eye disorders, neuropathy, tinnitus, temporomandibular joint disorder, and hyperlipidemia, all allegedly due to exposure to Agent Orange. The veteran's PTSD claim was granted with a 30% rating effective February 2, 2004.

The Board has determined that the veteran's cervical spine disorder and disorders of the shoulders, arms, wrists, and hands were not incurred or aggravated by service. The veteran's current diagnoses do not meet the criteria for presumptive service connection based on arthritis or other specified diseases.

The Board denied service connection for residuals of a back injury, finding that the veteran's degenerative disc disease of the lumbar spine is not related to an in-service back injury or any other incident of his military service.

The Board found that there is not enough evidence to support the claim that the veteran's service-connected bilateral foot disorder caused his degenerative disc disease of the cervical and lumbar spine, thus denying the secondary service connection claim.