Back / lumbar spine decisions — 2008

The veteran's service-connected disabilities did not render him unable to care for his daily personal needs without assistance from others, or unable to protect himself from the hazards and dangers of his daily environment on a regular basis. The Board denied both claims due to insufficient evidence.

The Board has determined that the veteran's hypertension, cardiovascular disability, and low back disability were not incurred or aggravated during her active service. The evidence does not establish a nexus between these conditions and her military service.

The Board has determined that the veteran's current thoracolumbar degenerative disc disease with right lower extremity lumbar radiculopathy is related to service, and thus grants service connection for this condition.

The Board denied service connection for both the respiratory disability claimed as due to asbestos exposure and the low back injury, finding that there was no evidence linking these conditions to active military service.

The Board has remanded the claims for service connection for lumbar and cervical spine disabilities due to insufficient evidence on which to decide these claims, including a need for another VA examination.

The Board granted increased ratings for bilateral chondromalacia patella and assigned an earlier effective date for the lumbar spine disability. The TDIU claim is pending.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claims for service connection for COPD or bronchitis, as well as his claim for a lumbar spine disorder. The veteran was previously denied these claims in June 2002, but no new evidence has since been provided.

The Board has granted service connection for a back disorder incurred in active duty. The issue of entitlement to TDIU is remanded.

The Board finds that the veteran's left leg and knee disability is related to his active service, while there is no clear and unmistakable evidence that his back disability existed prior to service. Therefore, service connection for a left leg and knee disability is granted, but service connection for a back disability is not warranted.

The Board denied the veteran's claims for increased ratings for his back disability, finding that there was not sufficient evidence to support a rating in excess of 10 percent prior to June 14, 2006 or in excess of 20 percent from that date.

The veteran's appeal is being remanded due to the need for a VA examination and consideration of staged ratings.

The Board has determined that the submitted evidence does not meet the criteria for reopening the veteran's previously denied claims of service connection for a low back disability, right carpal tunnel syndrome, and hypercholesterolemia. The cervical spine disability is also not established as service-connected.

The Board found that the veteran's alcohol and drug abuse is not service-connected due to his own willful misconduct, and denied his claim for a higher initial evaluation of his back disability.

The Board has denied the veteran's claims for service connection for a skin disability and a low back disability, finding no current disabilities related to his military service.

The Board has determined that new and material evidence has been received to reopen several claims, including those for service connection for various conditions. The issues of whether the veteran's right leg disability, back disability, hypertension, bilateral elbow, knee, ankle disabilities are still pending.

The Board denied the veteran's claims for an increased rating for his service-connected low back disability and a higher effective date for TDIU. The veteran was granted a 60 percent evaluation for his low back disability, but not in excess of that level. The effective date for TDIU was set at April 8, 2003.

The VA determined that the veteran's lumbosacral disc syndrome does not meet or exceed the criteria for a rating in excess of 40 percent.

The Board denied the veteran's claim for a temporary total evaluation based on service-connected low back disorder requiring hospital treatment or a period of convalescence, finding that there was no evidence of hospitalization or surgery resulting in such need.

The veteran's right thumb DJD and lumbar spine DDD are already rated, but the appeal is being remanded for further review.

The Board has determined that the claims for service connection for lumbar muscle back pain disorder and a neck disorder must be denied as there is no evidence of in-service injury or disease, and the preponderance of the evidence does not support a finding of current disability related to service.