Back / lumbar spine decisions — 2008

The Board denied increased ratings for the veteran's degenerative disc disease of the lumbar spine and associated left lower extremity radiculopathy, finding that his symptoms did not warrant a higher rating based on the severity of his disability.

The Board has determined that further development is necessary to properly adjudicate all issues on appeal, including verifying the veteran's claims of helicopter crashes and examining his current conditions.

The Board has denied the claims for service connection for squamous cell carcinoma of the mouth and asbestos exposure, as well as DDD of the lumbar spine. The claim for DDD of the lumbar spine is denied due to lack of evidence showing a current disability related to service.

The veteran's appeal is being remanded for additional development, including obtaining service medical records and scheduling VA examinations to determine the etiology of his claimed conditions.

The Board denied the veteran's claims for service connection for a lumbar spine disorder and an initial rating in excess of 10 percent for left knee degenerative joint disease. The Board found no evidence linking the current back disorder to service, and concluded that the left knee disability did not warrant a higher rating.

The Board has ordered the VA to obtain private medical records from Dr. Lamba and any other private physicians for the veteran's back disorder, as well as to provide a new VA examination based on all relevant evidence of record.

The Board has granted service connection for bilateral hearing loss and a low back disorder, finding that the evidence supports these claims.

The veteran's claim for SMC based on the loss of use of a creative organ was denied as her symptoms are not attributable to any service-connected disability.

The Board denied the veteran's request to reopen his claim of service connection for degenerative disc disease, thoracic and lumbar spine. The Board also found that the veteran did not have any additional disability as a result of VA medical treatment resulting in memory loss.

The Board found that the veteran does not have a back disorder that had its onset during active duty or is otherwise related to his service.

The Board has granted a rating of 40 percent for degenerative disc disease, L4-5 and L5-S1, effective from October 31, 2005. A separate 20 percent rating is also granted for nerve involvement of L5-S1 on the left side associated with degenerative disc disease.

The Board has determined that the veteran's left arm pain and numbness are not related to his retained foreign body in the elbow, but rather to degenerative disc disease of the cervical spine. As a result, the claim for a compensable rating is denied.

The Board denied the veteran's claims for increased ratings for his service-connected lumbar spine, cervical spine, and right shoulder disabilities.

The veteran's claim for increased disability ratings for his service-connected cervical spine and lumbar spine disorders was granted, with effective dates of October 25, 2002.,Effective October 25, 2002, the veteran is now entitled to a 30 percent disability rating for degenerative disc disease of the cervical spine and a 20 percent disability rating for degenerative disc disease of the lumbar spine.

The Board found that the veteran's current back, diabetes mellitus, and psychiatric disabilities are not related to his active duty service. The claims for service connection were denied.

The VA denied the veteran's claims for increased ratings for degenerative joint disease and degenerative disc disease at L5-S1, residuals of postoperative right shoulder, and tendonitis of the left shoulder. The RO found that the current ratings adequately reflected the severity of the disabilities.

The Board has determined that additional development is needed before the claim of service connection for a low back disability can be decided. The veteran's current lumbar spine disability, if any, will need to be evaluated in light of his documented complaints of back problems during service and post-service evidence.

The veteran's claim for a compensable evaluation for her service-connected chronic low back strain with degenerative disc disease is being remanded due to the need for additional medical examination.

The veteran's appeal is being remanded for additional development to determine the degree of industrial impairment resulting from his service-connected disabilities and whether he is unemployable.

The Board denied service connection for a low back disability and left knee ACL and MCL tears, finding that the veteran's disabilities were not caused or aggravated by his service-connected right knee disability.