Back / lumbar spine decisions — 2008

The Board has reopened the veteran's claim for service connection for a low back disorder and finds that the evidence is at least in equipoise as to whether his current condition is related to his service-connected lumbosacral strain. As such, service connection is granted.

The Board has dismissed the appeal in regard to service connection for a right shoulder disorder, left hip disorder, left knee surgery, right ankle arthritis, left ankle arthritis, and a left fifth toe fracture. The claim of service connection for a right hydrocele/hernia repair is denied.

The veteran seeks service connection for bilateral pes planus and a back condition, which he claims is secondary to his feet problems. The RO has remanded the case due to insufficient evidence regarding the onset of these conditions in service.

The Board denied the veteran's claims for service connection for a back disorder and for higher ratings for his bilateral pes planus, finding that his back disorder is not related to his service-connected bilateral pes planus. The claim for TDIU was also denied.

The Board denied the veteran's claims for increased ratings and an extension of a temporary total disability rating due to his lumbar spine disability. The veteran was not granted higher ratings or an extended convalescence period.

The veteran's right shoulder tendonopathy and cervical degenerative disc disease have been granted service connection, with initial evaluations of 10% for the right shoulder and 30% for the cervical spine. The thoracolumbar degenerative changes are rated at 10%.

The veteran's service-connected headaches are rated at 30 percent since October 3, 2006. His bilateral tinea pedis is currently rated as noncompensably disabling.

The veteran's claims for earlier effective dates and increased ratings have been denied.,Service connection for right hip osteoarthritis has also been denied.

The Board has remanded three distinct sub-claims regarding the veteran's back condition for further review.

The Board denied the appellant's claim for service connection for the cause of her mother's death, finding that there was no evidence showing a nexus between any disease or injury incurred in service and the veteran's death.

The Board granted a rating of 50 percent for the service-connected post-traumatic degenerative disc disease of the lumbar spine, effective as of October 6, 2004.

The Board has determined that the veteran's herniated intervertebral disc L4-5, right, status post laminectomy and neurological disability of the right leg are not related to his service or any service-connected condition.

The Board has ordered the case back to the RO for additional development due to incomplete records and inadequate examinations.

The veteran is seeking service connection for a low back condition that he claims is secondary to his service-connected left knee disability. The Board has ordered additional development as part of this remand process.

The Board has determined that the veteran does not have a chronic right knee disability or low back disability that was incurred in service. The examiner found no evidence of such disabilities during service and concluded they are more likely related to post-service activities.

The Board has remanded the case for additional development, including informing the veteran of unsuccessful efforts to obtain his Social Security Administration (SSA) records and asking him to submit any in his possession. The claims will be readjudicated after this.

The Board has determined that the veteran's degenerative disc disease and degenerative joint disease of the lumbosacral spine were incurred during his active service.

The Board has determined that the veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine and neurological disorders in his lower extremities, render him unemployable. As a result, TDIU is granted.

The Board has granted service connection for the veteran's left knee medial meniscus tear, which is secondary to his service-connected left tibia/fibula fracture. However, secondary service connection was not established for his right knee disorder and degenerative arthritis of the cervical and lumbar spines.

The Board denied the veteran's claims for service connection for various conditions, including left ear hearing loss, depressive affective disorder, costochondritis, hyperlipidemia (hypothyroidism), bilateral leg pain with inflammation, and a back disability. The decision also noted that some of these issues were remanded to the RO.