Back / lumbar spine decisions — 2008

The Board denied the veteran's claims for service connection for a psychiatric disorder, neck condition, and low back condition. The evidence did not support a finding that these conditions were related to military service.,There was no pre-existing personality disorder noted during service, and current diagnoses of anxiety disorder do not meet the criteria for service connection.

The Board has remanded the case for additional development, including obtaining lay statements and a VA examination to evaluate the nature and etiology of the veteran's back disorder. The issues on appeal are whether service connection should be granted for a back disorder and whether compensation under 38 U.S.C.A. § 1151 should be awarded for a lumbar puncture performed in September 2000.

The Board has remanded the veteran's claims for additional development, including a VA examination to determine the nature and etiology of any current thoracolumbar spine disability. The TDIU claim remains on appeal as it was submitted prior to the effective date of the 100 percent schedular evaluation.

The Board found that the veteran's claimed degenerative arthritis in his low back was not incurred or aggravated by service, and denied the claim.

The Board found that the veteran's lumbar back disability did not meet or approximate the criteria for a rating greater than 10 percent from December 29, 2000 to September 26, 2003 and denied her claim. The Board also found no evidence of a compensable rating for her hemorrhoids.

The Board denied the veteran's claims for increased ratings for his service-connected thoracolumbar scoliosis with lumbar spine degenerative arthritis, finding that the evidence did not meet the criteria for a rating in excess of 20 percent from March 25, 2001 to August 28, 2006 and did not meet the criteria for a rating in excess of 40 percent from August 29, 2006.

The Board has determined that the veteran does not have a lumbar spine disability that was caused or aggravated during his active military service.

The veteran's appeal is being remanded for further development, including obtaining additional medical records and scheduling VA examinations to address the nature and etiology of his claimed conditions.

The Board has granted service connection for tinnitus, degenerative disc disease of the cervical spine, and migraines as residuals of head trauma. The conditions are found to be related to active duty service.

The veteran's appeal is being remanded for further development, including obtaining medical records and scheduling a VA examination to determine the nature and etiology of his claimed chronic low back, bilateral hip, and bilateral lower extremity disorders.

The Board found that the veteran's low back injury was not a result of hospitalization, medical or surgical treatment, or as a result of having submitted to an examination. Therefore, the award under 38 U.S.C.A. § 1151 for residuals of a low back injury is granted and severed.

The veteran's claims for increased evaluations of his service-connected cervical, lumbar and thoracic spine disabilities with degenerative joint disease are being remanded due to the need for proper VCAA notice and a VA examination.

The VA determined that the veteran's low back disability, which is currently rated at 20 percent, does not warrant a higher rating based on current evidence of record.

The veteran's claims for service connection for a low back disorder and bilateral hearing loss are being remanded due to the need for additional examinations and records.

The case is being remanded for additional development and consideration of the veteran's claims, including providing VCAA notification letters as required by recent court decisions.

The Board has remanded the case for additional development to ensure proper consideration of the veteran's claim for an increased evaluation for service-connected lumbar strain.

The veteran's left knee and lower back disorders worsened as a result of VA medical treatment from December 2002 through 2006, but the Board found no evidence of negligence or other fault on the part of VA. Therefore, compensation under 38 U.S.C.A. § 1151 is denied.

The veteran's appeal for service connection for diabetes mellitus was withdrawn prior to the Board issuing a decision. The remaining issues of service connection for lumbar disc disease and cervical spondylosis are being remanded for additional development.

The Board has determined that the veteran's claimed lumbar spondylosis, cervical spondylosis, and right ankle strain are not service-connected as there is no evidence of a chronic condition during service or within one year thereafter. The VA examination reports do not support a finding of in-service incurrence.

The veteran's claim for service connection for a throat disorder is denied as there is no medical evidence of current throat disability.,The veteran's claim for an initial compensable evaluation for right eustachian tube dysfunction is denied as the condition does not meet the criteria for such evaluation under VA rating criteria.,The veteran's claim for an initial rating higher than 10 percent for degenerative disc disease of the lumbar spine, status post fusion, is denied as the disability does not meet the criteria for a higher rating.