Back / lumbar spine decisions — 2008

The veteran's claim for an increased evaluation for his service-connected lumbosacral adhesive arachnoiditis is being remanded due to the need for a VA examination and additional medical records.

The Board denied the veteran's claims for service connection for a low back disability, bilateral lower leg disabilities (both on direct and secondary basis), and residuals of a left kidney contusion. The evidence did not support these claims.

The Board found that the veteran's current low back disorder is not related to his period of active service and denied his claim for service connection.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for right foot numbness. The low back disability is not related to the veteran's service-connected right ankle disability.,Service connection is granted for a low back disability, as it is found to be secondary to the service-connected right ankle disability.

The Board found no evidence of a chronic low back disorder in service or for many years after separation, and the veteran's assertions of continuity of symptoms were inconsistent with the available medical records. The Board concluded that the preponderance of the evidence is against the claim for service connection for a low back disorder.

The veteran's claim for an increased rating for his service-connected low back disability was denied. The Board also found that the September 1993 decision denying service connection for right median nerve paralysis and tendonitis of the right shoulder did not contain clear and unmistakable error, and new and material evidence had not been submitted to reopen these claims. The veteran's claim for service connection for headaches secondary to his right shoulder separation was also denied.

The Board has remanded the service connection claims for cervical and lumbar spine disabilities due to additional evidence received by the Board.

The Board denied the veteran's claim for service connection for a lumbar spine disorder, finding no evidence linking it to his military service or any service-connected condition.

The Board has granted a 20 percent rating for instability and subluxation of the left knee, in addition to a separate 10 percent rating for arthritis. The veteran's service-connected low back disability is secondary to his service-connected bilateral knee disabilities.

The Board has denied the veteran's claims for service connection for lumbar spine disorder, herniated disc syndrome, cervical spine disorder, PTSD, and alcoholism. The evidence does not support a finding of service connection for any of these conditions.

The Board has remanded the case for additional development, including scheduling a VA examination and obtaining medical records. The veteran is seeking service connection for various joint disorders.

The Board has granted service connection for tinnitus, finding that the veteran's current condition is related to his in-service exposure to aircraft noise. Service connection for a low back disability was denied as new and material evidence had not been received.

The VA determined that the veteran's service-connected compression fractures at L3 and L4, with degenerative disc disease, do not warrant a rating higher than 10 percent.

The Board has determined that the veteran does not have a current right knee, left knee, bilateral hip, or low back condition for which service connection can be granted.

The veteran's increased evaluation for facet syndrome with sclerosis, lumbosacral spine was granted. Service connection for cervical radiculopathy and a left knee condition were denied. The veteran's TDIU claim was also denied.

The Board has granted service connection for discogenic disease of the lumbar spine secondary to service-connected myositis of the lumbar paravertebral muscles. The issue of service connection for degenerative joint disease of the lumbar spine is inextricably intertwined and must be remanded.

The veteran's post-operative thoracolumbar spondylosis with levoscoliosis and compression fracture is not manifested by any impairment that would warrant a higher than 10 percent evaluation.

The Board denied a compensable rating for the veteran's service-connected lumbosacral strain, finding that it did not meet the criteria for such a rating based on the lack of limitation in range of motion or other functional impairment.

The Board has remanded the case for additional development, including obtaining missing service medical records and seeking opinions from VA examiners regarding the nature and etiology of various conditions.

The VA determined that there is no evidence of a lumbar spine disability with radiculopathy during the veteran's military service or within the one-year presumptive period after separation. The Board therefore denied the claim for service connection.