Back / lumbar spine decisions — 2008

The Board has granted service connection for a low back disorder, but denied service connection for renal cancer. The claim of service connection for the low back disorder is based on direct evidence showing it was incurred in service. The claim of service connection for renal cancer remains denied as new and material evidence has not been submitted.

The Board has granted service connection for the veteran's back disorder and increased his PTSD evaluation to 70 percent. The Board also found that he is entitled to a TDIU based on his service-connected disabilities.

The Board has determined that the veteran's lumbar spine disability warrants a 40 percent evaluation effective January 31, 2008. The condition is rated as a result of its direct service connection and not due to any specific exposure basis or through the PACT Act.

The Board denied the veteran's claims for higher initial evaluations for his low back, bilateral knee and eye disabilities, finding that the evidence did not support a grant of any increased evaluation.

The VA denied the veteran's claim for an increased rating for his low back disability, finding that it did not meet the criteria for a higher than 20 percent rating based on limitation of motion and lack of incapacitating episodes.

The Board denied the veteran's claim for an earlier effective date of July 20, 2004 for his TDIU award. The effective date was fixed based on when he filed his informal claim for TDIU.

The Board has reopened the claim for service connection for a back disorder and remanded it for further development.

The Board found that the veteran's low back disability, manifested by limited motion and pain, did not meet or approximate the criteria for a higher rating in excess of 40 percent. The evidence showed no unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes of intervertebral disc syndrome within the past 12 months.

The veteran's claim for a higher disability rating for his service-connected low back injury with degenerative changes is being remanded due to the need for additional medical development, including an updated VA examination.

The Board found that the veteran's service-connected dorsal and lumbar scoliosis, postoperative condition does not meet or approximate the criteria for a rating in excess of 40 percent. The combined disability evaluation is 40 percent, which corresponds to the current 40 percent schedular evaluation. As such, the claim for an increased rating was denied.

The Board found no current disability of a lumbar strain and denied the claim for service connection.

The Board has reopened the veteran's claim for service connection for postoperative degenerative disc disease of the lumbar spine and finds that it was not caused by his time in service. As a result, the claim is granted.

The Board has denied the veteran's claims for service connection for bilateral arm, shoulder, neck, back, and foot conditions due to residuals of cold injury as well as his claim for service connection for pes planus. The evidence does not support a finding of any current disabilities related to these conditions.

The Board has found new and material evidence to reopen the veteran's claims for service connection for cervical and lumbar spine disabilities. The veteran provided credible testimony establishing he had injuries in service, which have resulted in current disability.

The Board denied service connection for a low back disorder and a skin disorder (claimed as pseudofolliculitis barbae) due to lack of evidence showing the disorders were incurred in or aggravated by active duty service.

The Board has determined that the veteran's lumbar spine disability is not related to his active duty service and thus denied his claim for service connection.

The Board has determined that the veteran's bilateral knee disabilities, thoracolumbar spine disability, hearing loss, and left shoulder disability are all related to service. The appeals for these conditions have been granted.

The veteran's appeal has been dismissed as the appellant withdrew their appeal.

The Board has determined that the veteran does not have a service-connected bilateral hip disorder.,Service connection is granted for a lumbar spine disorder, as it was incurred in service.

The Board found that the veteran's low back and cervical spine disabilities were not caused or aggravated by carelessness, negligence, lack of proper skill, or error in judgment on the part of VA in furnishing hospital care, medical or surgical treatment, nor was such the result of an event not reasonably foreseeable. Therefore, the claims for compensation under 38 U.S.C. § 1151 were denied.