Back / lumbar spine decisions — 2008

The veteran's claims for increased ratings and service connection were denied. The claim for an increased rating for his lumbosacral spine disability was granted, but the claim for a higher rating for residuals of left knee injury was not well-grounded as there is no evidence of such a condition during active duty or within one year after separation from service. Service connection for a secondary left rotator cuff tear with degenerative arthritic changes to his service-connected left foot and lumbosacral spine disability was also denied.

The Board has reopened the claim for service connection for an acquired psychiatric disorder, including as secondary to a lumbar spine disorder. The veteran's current psychiatric disorders are found to be related to her service-connected low back disability and granted a 40 percent rating for IVDS with bilateral lower extremity radiculopathy.

The Board found no evidence to support the veteran's claim of service connection for hepatitis C, sinus headaches, and low back disability. The decision is denied.

The Board denied the veteran's claims for an increased rating for his lumbosacral spine condition and service connection for osteomyelitis, finding that the evidence did not support a higher evaluation or service connection.

The Board has determined that the veteran's bilateral hearing loss, tinnitus, lumbar spine disability, and cervical spine disability are all related to his military service.

The Board found that the veteran's lumbosacral strain does not meet or approximate the criteria for a rating higher than 10 percent under either the old or new VA rating criteria.

The Board found no current diagnosed low back disability and denied the veteran's claim for service connection.

The Board denied a rating in excess of 40 percent for the veteran's low back disability and granted a 40 percent rating for chronic low back pain syndrome secondary to degenerative disc disease of the lumbar spine, effective August 26, 1997.

The veteran's death was not service-connected, and he did not meet the requirement of having been rated at a 100% disability level for ten or more years prior to his death. Therefore, DIC benefits are denied.

The veteran's appeal is being remanded for additional development, including obtaining SSA records and providing Dingess/Hartman VCAA notice.

The veteran's lumbar spine disability, including radiculopathy of the left lower extremity, is rated at 20 percent effective September 8, 2005.

The Board has determined that service connection is warranted for the veteran's pre-existing back disorder due to aggravation during active duty. However, there is no evidence of a current breathing or lung disorder, and thus service connection for this condition cannot be granted.

The Board denied service connection for a low back disorder, finding no evidence of a nexus between the veteran's current condition and his active duty service or any service-connected disabilities.

The Board has granted service connection for left shoulder arthritis and cervical spine arthritis and degenerative disc disease, finding that the veteran's current conditions are related to his in-service fall in May 1969.

The Board dismissed the appeal of the issue regarding an increased rating for radiculopathy of the left lower extremity due to a failure to timely file a substantive appeal.

The VA denied the veteran's claims for increased ratings for his cervical and lumbar spine disabilities, finding that they do not meet the criteria for a higher rating under the applicable diagnostic codes.

The veteran's claim for service connection for degenerative joint disease and degenerative disc disease, lumbosacral spine is being remanded due to the need for a VA examination to determine the relationship between his current back condition and his military service.

The Board denied the veteran's claims for service connection of a stomach condition, an esophageal condition, and a back condition. The denial was based on the absence of evidence linking these conditions to his military service.

The Board found that the appellant does not have a current back disability related to his military service and denied his claim for service connection.

The Board has denied the veteran's claims for service connection for a low back disorder and a right knee disorder, finding no evidence linking these conditions to his military service.