Back / lumbar spine decisions — 2008

The Board denied the veteran's claims for service connection for a low back disability, right hip disability, and respiratory disorder due to lack of evidence linking these conditions to service.

The Board has decided to remand the case for additional development, including obtaining service records and medical records from SSA.

The Board has granted a higher initial rating of 10 percent for the veteran's lumbosacral spine degenerative facet changes at L3-4, L4-5, and L5-S1, with an additional separate 10 percent rating for associated radiculopathy affecting his right lower extremity.

The Board found that the veteran's low back disorder was not caused or aggravated by his service-connected calcaneal navicular bar of the left foot.

The Board has remanded the case due to the need for a new VA examination and proper notice under 38 U.S.C.A. § 5103(a) (West 2002 & Supp. 2007).

The VA determined that the veteran's back condition is not service-connected due to medication prescribed for his schizophrenia, and denied his claim for TDIU as he does not meet the criteria for a TDIU rating based on his single service-connected disability.

The Board has determined that there is no evidence of a nexus between the veteran's current back, foot, or leg disabilities and his military service. As such, the claims for service connection are denied.

The VA determined that the veteran's service-connected disabilities do not preclude him from obtaining and maintaining substantially gainful employment.

The Board found no evidence of a causal relationship between the veteran's lumbar spine disability and any incident of service, including his service-connected left knee disability. The right knee medial meniscus tear was not related to military service or service-connected conditions.

The Board granted a 40 percent evaluation for low back pain with spondylosis at L5-S1 effective from August 9, 2006. The appellant's left lower extremity radiculopathy was also rated as 10 percent disabling.

The Board has determined that the veteran's current degenerative joint disease and degenerative disc disease of the cervical spine with chronic neck pain is related to service, and thus grants service connection for these conditions.

The Board has remanded the case for further development due to procedural issues and potential need for additional VA examination.

The Board found that the veteran's congenital levoscoliosis of the lumbar spine existed prior to service and was not aggravated by active service, thus denying his claim for service connection.

The VA denied the veteran's claim for a higher rating for his lumbar strain with myositis, as it did not meet the criteria for an increased disability rating.

The Board has decided to remand the case for additional development, including obtaining medical records and conducting a VA examination.

The veteran's claim for an increased rating for his service-connected lumbosacral spine disability is being remanded due to the need for a new VA examination and compliance with Vazquez-Flores v. Peake, which requires specific notice regarding the criteria for increased ratings.

The Board found that the veteran's lumbosacral strain warranted a 40 percent rating, and service connection was granted for left leg radiculopathy associated with lumbosacral strain. Service connection for kyphotic hump of upper spine was denied.

The Board denied the veteran's claims for service connection for Gulf War Syndrome, fibromyalgia, a disability of the nervous system, cervical spine disability, lumbar spine disability, gastric disability, liver disability, and kidney disability. The reasons given were that the veteran did not serve in Southwest Asia during the Persian Gulf War and Gulf War Syndrome is not considered a recognized condition.

The Board has denied the veteran's claims for service connection for a cervical spine condition, bilateral hearing loss, and vertigo. The veteran did not meet the criteria for these conditions during or after his military service.

The Board denied the veteran's claims for increased evaluations and effective dates for his service-connected disabilities, including right eye retinitis/sarcoid uveitis, pes planus, and a scar in the area of the right forehead.