Back / lumbar spine decisions — 2008

The Board found no evidence linking the veteran's hip, leg, and lumbar spine disabilities to his active service or a service-connected condition. The VA examiners concluded that there was no etiological relationship between these conditions and his bilateral pes cavus.

The Board denied the veteran's claims for increased ratings for his service-connected lumbar spine disability and radiculopathy of the left lower extremity. The lumbar spine disability is currently rated at 20 percent, while the radiculopathy is rated as noncompensable.

The Board has determined that the veteran's lumbar spine disorder and nerve damage to his knees are not related to service or a service-connected disability.,Therefore, the claims for service connection for these conditions have been denied.

The Board has determined that the veteran does not have a current low back disorder or heart disorder that is service-connected. The veteran's separation examination did not show any issues with his spine, and there is no evidence of such disorders during service. For bilateral pes planus, while he had preexisting pes planus at entry into service, there is insufficient evidence to establish aggravation by service.

The Board has determined that the case needs further development to determine if the veteran's low back disorder is related to her military service and to obtain additional medical records.

The Board denied the veteran's claims of entitlement to service connection for a psychiatric disorder, right knee disorder, left hip condition, lumbosacral spine disability, and depression on the basis that new and material evidence was not submitted sufficient to reopen these claims. The veteran's psychiatric disorders were found to have begun many years after service and were not related to his military service.

The Board denied the veteran's request to reopen his claim of entitlement to service connection for a back disorder due to lack of evidence showing that the current disability is causally related to active service.

The Board has decided the case must be remanded for a new VA examination and clinical opinion to determine if the veteran's current back disability is related to service or his right knee disability, which could affect his claim for service connection.

The Board granted a 50 percent initial disability rating for the veteran's service-connected psychiatric disability and denied her claim for service connection for a lumbosacral strain.

The Board has determined that the veteran is entitled to service connection for tension headaches, as these are etiologically related to active service. The lumbar spine disorder issue remains pending and will be addressed in a separate remand.

The veteran's claim for a clothing allowance in 2006 was denied because the medical records do not indicate he used a leg brace to treat his service-connected disabilities, and the Huntington VA Medical Center determined that the plastic ankle foot orthosis used by the veteran does not cause irreparable wear and tear to outer garments.

The veteran's claims for service connection are being remanded due to the need for additional examinations and development of his medical records.

The Board granted service connection for a low back disorder and assigned an initial 20 percent rating retroactively effective from May 6, 1999. The claim for chronic fatigue syndrome was denied.

The veteran's claim for a higher rating for his service-connected lumbosacral strain with arthritic changes and intervertebral disc disease was granted. The RO also increased the rating for radiculopathy of the right lower extremity associated with lumbar disc disease to 40 percent effective April 5, 2007.

The Board has found the preponderance of evidence against finding a causal relationship between service and current low back disability (degenerative disc disease) or migraines, thus denying service connection for both conditions.

The Board has granted an initial rating of 40 percent for the veteran's service-connected back disability, effective August 1, 2003. The neurologic disorder manifested by spasms of the neck and degenerative disc disease is not considered to be related to service or service-connected conditions.

The VA denied an increased rating for the veteran's service-connected low back injury with intervertebral disc disease of the lumbar spine, as his condition does not meet criteria for a higher evaluation.

The veteran's claims for service connection and an increased rating for PTSD are being remanded due to the need for further development, including obtaining VA treatment records and scheduling a new examination.

The veteran's cervical spine disability, which was initially granted service connection for in March 2003, is currently manifested by pain and slight limitation of motion. The Board found that the evidence did not demonstrate functional loss due to flare-ups or during use, thus denying an evaluation in excess of 10 percent.

The Board found that the veteran's back disorder, claimed as spinal stenosis, was not incurred or aggravated by service and may not be presumed to have been incurred or aggravated therein.