Back / lumbar spine decisions — 2008

The Board has determined that the veteran's cervical and lumbar spine disorders, to include residuals of muscle strain of the back, and malignant thymoma are not related to service. The claims for these conditions have been denied.

The Board has determined that the veteran's low back disability is service-connected, but his left leg disability was not incurred in or aggravated by service.

The Board found that the veteran's current low back disability did not have its onset during service or manifest within one year of service and was not caused by his active service. Similarly, the veteran's benign prostatic hypertrophy was not caused by his active service. Therefore, service connection for both conditions is denied.

The Board found that the veteran's lumbosacral strain does not meet the criteria for a disability rating in excess of the currently assigned 40 percent, as he did not have unfavorable ankylosis of the entire thoracolumbar spine. The current rating of 40 percent is maintained.

The Board has granted a 20 percent rating for the veteran's chronic lumbosacral strain with mild osteoarthritic changes at L5-S1 after March 26, 2008. The initial rating prior to that date remains denied.

The Board denied the veteran's claim for service connection for a low back disability, including coccygodynia and chronic low back pain with degenerative joint disease. The evidence did not support a finding that these conditions were incurred in or aggravated by service.

The Board found that new and material evidence had not been received to reopen the veteran's claim of entitlement to service connection for a back disorder, as the submitted evidence was cumulative and did not raise a reasonable possibility of substantiating the claim.

The Board denied the veteran's claims for initial compensable ratings for dermatitis, right tibial stress injury, and right hip strain. The low back disorder and left leg disorder were not found to be related to service or any incident thereof.

The veteran's appeal is remanded due to the need for a VA examination to determine if his current low back and cervical spine disabilities are related to service. The mental condition claim is also deferred.

The veteran's lumbar spine disorder is manifested by severe limitation of motion with forward flexion limited to no more than 30 degrees, and she does not have evidence of incoordination, weakness, ankylosis, or associated neurological disabilities warranting a separate compensable evaluation. There are also no incapacitating episodes having a total duration of six weeks in a twelve-month period.

The appellant's claim for a higher initial level of special monthly compensation (SMC) based on the need for special aid and attendance or a higher level of care was denied as his service-connected disabilities do not meet the criteria for SMC under any provision.

The Board has granted the veteran's request to reopen his claim for service connection for a low back disability, and remanded it for additional development.

The Board denied the veteran's claims for service connection for various conditions, including diabetes mellitus and its secondary effects. The Board found that there was no evidence of a thoracolumbar spine disorder or ankylosing spondylitis during active service or within one year after discharge.

The Board denied the veteran's petition to reopen his claim for service connection for a low back disability and also denied his secondary service connection claim for cervical spine disability with radiculopathy. The evidence did not establish new and material evidence, nor did it show that any current disabilities are related to service.

The Board has granted a rating of 20 percent for the veteran's scoliosis with degenerative disc disease of the lumbar spine and thoracic spine, effective as of the date of the decision.

The Board found that the preponderance of evidence is against a finding that any lumbosacral spine disorder, including spondylolysis with spondylolisthesis of L5 on S1, disk herniation, foraminal stenosis, and arthritis, post-operative fusion, was present in service or related to service. The claim for service connection is denied.

The Board denied the veteran's claims for service connection and increased ratings for his left wrist and right leg disabilities, finding that the evidence did not support a grant of these claims.

The Board found that the veteran's low back and bilateral hip disabilities are not caused or aggravated by his service-connected bilateral knee disability.,As a result, secondary service connection for these conditions is denied.

The veteran's degenerative disc disease of the lumbar spine is currently rated at 10 percent, effective December 30, 2005. The claims for increased ratings for migraines and radiculopathy of the right lower extremity are denied.