Back / lumbar spine decisions — 2008

The Board has determined that the veteran does not have a current diagnosis of a left elbow condition, and therefore service connection for this condition is denied.

The veteran's service-connected degenerative disc disease of the lumbosacral spine was granted an increased rating to 20 percent effective from November 26, 2003 through May 22, 2008.

The veteran's appeal is being REMANDED to the RO via the Appeals Management Center (AMC) in Washington, D.C. for further review.

The veteran's service connection claims for stomach disability, low back disability, cervical spine disability, residuals of urethritis, bilateral hearing loss, and tinnitus are all granted.

The Board has reopened the claim of service connection for a left knee disability and finds that new and material evidence has been submitted. However, the claims for service connection for left hip and low back disabilities are denied as there is no competent medical evidence linking these conditions to service.

The Board has determined that the submitted evidence does not raise a reasonable possibility of substantiating the veteran's claims for service connection for respiratory disorder, back disorder, residuals of frozen feet, and nose disorder.

The Board found no evidence of a current low back disorder related to service, and denied the veteran's claim for service connection.

The Board denied the veteran's claims of service connection for various conditions, including a back disability and skin rashes, all presumed to be related to herbicide exposure. The Board also denied service connection for neuropathy of the hands and feet as well as loss of sense of smell.

The veteran's service-connected disabilities, when taken in conjunction with his education and occupational experience, are insufficient to preclude his participation in all forms of substantially gainful employment.

The Board finds that the reductions of the veteran's disability ratings for intervertebral disc syndrome and right lower extremity radiculopathy from 20 percent to 10 percent and 20 percent to 0 percent, respectively, are proper based on improvements in his service-connected disabilities as evidenced by recent VA examinations.

The VA denied a rating in excess of 20% for lumbosacral strain, finding that the veteran's symptoms prior to September 26, 2003 did not meet criteria for a higher rating. Since then, his condition has been rated at 20%.

The Board has determined that the veteran's current low back disorder, including degenerative disc disease, was not incurred or aggravated in service and is not related to his military service. The claim for service connection is denied.

The Board has denied the veteran's claims of service connection for low back and right knee conditions, finding that there is no evidence to support a direct relationship between these conditions and his military service.

The Board has determined that the appellant does not have a lung, right knee, left knee, or back disability that is related to his time in active duty for training. The VA examiner concluded that any current disabilities are less likely than not caused by or a result of service.

The Board denied the veteran's claim for service connection for low back strain, finding that his pre-existing condition did not permanently increase in severity during service.

The veteran's low back disability is rated at 20 percent, and his secondary neuralgia of the left and right lower extremities are each rated at 20 and 10 percent respectively. The RO has granted service connection for these conditions.

The Board has granted service connection for tinnitus, finding that it was incurred in service. Service connection was denied for the other conditions listed.

The Board dismissed the appeal due to the veteran's death, and no jurisdiction remains for adjudicating the merits of the claims.

The Board granted a 20 percent rating for the veteran's lumbar spine disorder, effective from May 18, 2000. The decision did not address service connection for fibromyalgia or TDIU.

The VA denied the veteran's claims for increased evaluations for his low back disability and PTSD with depression. The VA found that the evidence did not meet the criteria for higher ratings under the applicable rating criteria.