Back / lumbar spine decisions — 2008

The Board denied service connection for low back pain with paraspinous muscle spasms, right hip pain (claimed as a right hip disability), and left hip pain (claimed as a left hip disability).

The Board found that there is no evidence linking the veteran's current heart condition to service, and denied his claim for service connection. The other issues were not addressed as they were withdrawn by the appellant.

The Board denied the veteran's claims for PTSD, right knee disability, and low back disability due to lack of evidence supporting service connection.

The Board denied the veteran's claims for increased ratings for spondylosis, lumbar spine; chondromalacia, right knee with cyst; hiatal hernia; and hemorrhoids. The claim for an initial compensable rating for bilateral hearing loss was withdrawn by the veteran.

The veteran seeks service connection for degenerative disc disease of the lumbar spine. The Board has ordered additional development to obtain relevant medical records and determine if his current condition is related to his military service.

The Board found no evidence to support the veteran's claims for service connection of lumbar spine, left ankle, right ankle, bilateral hip pain, and right knee disabilities. The preponderance of the evidence showed that these conditions were not related to service.

The Board has determined that the veteran's service-connected disabilities, including low back disability and associated bladder, bowel, and sexual dysfunction, rendered him unemployable as of November 24, 1992. The effective date for his TDIU is set at this date.

The Board denied the veteran's claims of service connection for interstitial fibrosis and asbestosis, a skin disorder, and a back disorder. The evidence did not support these claims.

The Board denied the veteran's claims for service connection for a bilateral shoulder disability, a rating in excess of 20 percent for low back strain, and a rating in excess of 10 percent for residuals of a right fibula fracture. The Board found that there was no evidence linking these disabilities to his military service.

The Board denied the veteran's claims for service connection for a low back disorder and TDIU due to lack of evidence showing a chronic disability during or within one year after service, and no probative medical evidence linking his current disorders to service.

The Board has ordered additional development to gather medical records and opinions regarding the appellant's claimed low back, left knee, and right knee disorders. The claims will be reconsidered based on all available evidence.

The Board has granted a 40 percent evaluation for the veteran's service-connected degenerative disc disease of the lumbar spine, effective September 23, 2002. The rating is based on severe limitation of motion and moderate neurological manifestations in both lower extremities.

The Board finds that the veteran's low back and left ankle disabilities are not related to his service-connected right ankle disability, and therefore denies both secondary service connection claims.

The Board has remanded the veteran's claims for service connection due to incomplete development and need for further examination.

The veteran's claims for increased ratings for his service-connected lumbar spine disability and radiculopathy of the lower extremities were denied. The RO found that the veteran did not meet the criteria for higher ratings under the applicable diagnostic codes.

The veteran withdrew his appeal regarding the claim of service connection for headaches, joint pain, and muscle pain (other than associated with the already service-connected lumbosacral strain with degenerative disc disease, L5-S1).

The Board found that the veteran's low back disability was not caused by or aggravated by VA prostate surgery in August 1998, and denied his claim for compensation under 38 U.S.C.A. § 1151.

The veteran's application for Service Disabled Veterans Insurance (RH) was denied because he is not in 'good health' due to a nonservice-connected disability, specifically peripheral neuropathy.

The Board denied the veteran's claims for service connection and compensation under 38 U.S.C.A. § 1151 for his claimed conditions, finding no evidence of a direct link to service or VA treatment.

The Board has remanded the case for further development, including obtaining medical opinions and records to determine the nature and severity of the veteran's lower back disability and the residuals of hernia repair. The issues on appeal are whether a compensable evaluation should be assigned for the residuals of bilateral hernia repair and whether an evaluation in excess of 10 percent is warranted for the lower back disability.