Back / lumbar spine decisions — 2008

The Board found that the appellant's claimed conditions were not incurred or aggravated during her active duty for training service and denied all claims of service connection.

The Board denied the veteran's claims for effective dates prior to September 16, 2004 and September 17, 2004 for increased evaluations of his cervical spine disability and bilateral defective hearing, respectively. The effective dates were based on VA examinations showing entitlement to the higher evaluations.

The Board found that the veteran's current low back disability, manifested by degenerative disc and joint disease, is likely due to injury sustained during service. The claim for service connection was granted.

The Board has remanded the case due to the need for a VA examination to determine if the veteran's current knee and back disabilities are related to service.

The Board has determined that the veteran's claim for an effective date earlier than April 28, 2000 for service connection of a low back disability is denied as there is no credible evidence supporting such a claim.

The Board has granted service connection for lumbar spondylosis with degenerative disc disease at L4-5 and assigned a 10 percent rating. The veteran's claims for separate ratings for gastritis, esophageal reflux, and allergic rhinitis have also been granted.

The veteran's low back disorder and psychiatric disorder are found to be related to service, resulting in a grant of service connection for both conditions.

The Board found no evidence of a chronic back disability during service and denied the claim for service connection. The issue of bilateral foot disability is addressed in the REMAND portion.

The veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The Board has determined that the appellant does not have any disability due to undiagnosed illness as a result of service in the Southwest Asia Theater during the Persian Gulf War, and therefore denied all claims for service connection.

The veteran's claim for higher ratings and an earlier effective date for service connection were denied. The initial rating of 10 percent prior to July 3, 2006, and the increased rating of 20 percent thereafter are not supported by the evidence.

The VA has determined that the veteran's intervertebral disc space narrowing of the lumbar spine with degenerative disc disease does not meet the criteria for an increased evaluation beyond the current 40 percent rating.

The Board denied the veteran's claims of entitlement to service connection for a neck disorder, low back disorder, and hepatitis C. The VA examiner found that current cervical sprain/strain and lumbosacral strain are not related to military service. There is no evidence of chronic conditions in service or within one year after separation from active duty for hepatitis C.

The veteran's low back disability was rated at 10 percent prior to July 8, 2006 and increased to 40 percent since then. The right lower extremity sciatica and neuritis were rated at 10 percent since June 26, 2006, while the left lower extremity condition received a similar rating since May 14, 2007.,The veteran's low back disability was found to have worsened significantly after July 8, 2006, affecting his ability to move and function normally. The right and left sciatica and neuritis conditions also showed significant impairment.

The veteran's low back disorder is found to have existed prior to service, and the Board finds that it did not clearly and unmistakably exist prior to service. The examiner must state whether or not it is at least as likely as not (i.e., probability of 50 percent) that the veteran's current low back disorder was caused by active military service.

The Board has remanded the veteran's claims for increased ratings and service connection due to incomplete development of evidence, including a need for additional medical examinations.

The Board denied the veteran's claims for service connection for PTSD, a bilateral knee disorder, headaches, hypertension, and a low back disorder due to lack of current diagnoses and no evidence linking these conditions to service.

The Board has remanded the case for further development and readjudication, including consideration of applicable diagnostic codes.

The veteran's low back disorder is currently rated at 20 percent, which is the maximum schedular rating available for mechanical low back strain with degenerative disc disease. The right knee disability has not been found to warrant a higher evaluation.

The veteran's claim for increased ratings for degenerative disc disease at L5-S1 and a compensable rating for bilateral hearing loss was denied. The Board found that the evidence did not support an increase in disability ratings.