Back / lumbar spine decisions — 2008

The Board denied the veteran's request to withhold compensation due to his receipt of separation pay, finding that recoupment was required by law.

The Board found no evidence of a low back disorder during service or for many years thereafter, and concluded that the veteran's current low back disability is not related to her military service. Therefore, service connection was denied.

The Board denied the veteran's request for service connection for a lower back disorder, finding that there was no evidence of a chronic condition during or after service and insufficient medical evidence to link any current disability to service.

The Board found no evidence of a relationship between the veteran's current low back disability and his military service, thus denying his claim for service connection.

The veteran's low back disorder with left leg pain, status post L4-L5 laminectomy, was rated at 10 percent prior to March 19, 1998. The Board found that the evidence did not warrant an increased rating for this period.

The Board has determined that the veteran's degenerative disc disease of the lumbar spine is not related to service and therefore, denied his claim for service connection.

The Board has determined that service connection is not warranted for either a low back disability or a psychiatric disorder.

The veteran's claim for a total disability rating based on individual unemployability was granted, with his combined disability rating reaching 90 percent due to the addition of service-connected major depressive disorder. The decision also addressed whether new and material evidence had been submitted to reopen the back disability claim.

The Board found that the veteran's left knee disorder existed prior to service and was not aggravated by service. The lumbar spine and cervical spine disorders were not shown to be incurred or aggravated by service.

The Board has denied the veteran's claims for service connection for COPD, a back disability, and hepatitis C. The evidence does not support a finding that these conditions are related to his military service.

The Board denied the veteran's claims for service connection for a neck disability, left arm disability, and bipolar disorder. The claim for low back disability was not addressed as it had been previously denied.

The veteran's claim for service connection for degenerative disc disease of the spine with spondylolisthesis is being remanded due to the need for additional development, including obtaining SSA disability benefits records and a medical opinion regarding whether a pre-existing back disorder was aggravated by service.

The veteran is seeking service connection for his current diagnosed low back pain. The Board has determined that a remand is necessary to determine the nature and etiology of the disability, including whether it is related to active duty.

The Board has ordered a new VA examination to determine if the veteran's low back disorder is related to service or her right knee disability. The case will be remanded for further development and consideration.

The Board found no evidence to support the veteran's claims for service connection of a chronic back condition, cold injury residuals of the feet, or a chronic orthopedic condition of the feet and ankles. The medical records did not show any in-service injuries related to these conditions.

The Board has remanded the case due to incomplete review of service records and a need for further medical examination.

The veteran's claim for additional compensation after October [redacted], 2004 based on the continued dependency of his two stepchildren, J. R. and C. R., is being remanded due to procedural issues including lack of VCAA notice, incomplete records regarding incarceration, and potential discrepancies in the veteran's claims history.

The RO denied service connection for hypertension, bilateral hearing loss, tinnitus, and low back disability. The case is being remanded to the RO.

The veteran's service-connected mechanical low back pain was granted a 20 percent evaluation effective January 10, 2005. His service-connected Crohn's disease received a 10 percent evaluation effective February 14, 2005.

The VA determined that the veteran's recurrent lumbosacral strain does not warrant a rating higher than 20 percent, as his symptoms do not meet the criteria for more severe disability.