Back / lumbar spine decisions — 2009

The RO's December 1998 rating decision, which denied service connection for a fractured vertebra of the low back and pinched nerve as not well-grounded, was not based on clear and unmistakable error.

The Board denied the veteran's claim for service connection for degenerative disc disease of the cervical spine with associated headaches, as there was no evidence to establish a link between the condition and her military service.

The Board denied the veteran's claims for increased ratings and service connection, finding that the evidence did not support higher evaluations or additional service-connected conditions.

The Board denied service connection for degenerative disc disease of the lumbar spine, a disc protrusion of the cervical spine, and left knee osteoarthritis as these conditions were not found to be related to the Veteran's service-connected right knee disability.

The Veteran's claim for service connection for PTSD was denied as there is no evidence of a current diagnosis. The claims for service connection for pes planus of the right foot, degenerative joint disease of the right knee, left chronic knee disability, and degenerative joint disease of the lumbosacral spine were remanded for further development.

The Board found that the criteria for a rating in excess of 10 percent have not been met prior to June 7, 2006, and that a disability rating in excess of 40 percent from June 7, 2006, is also not warranted.

The Board denied the Veteran's claim for service connection for tinnitus and remanded his claims for an increased rating for low back strain with degenerative joint and disc disease, and entitlement to a TDIU.

The Board denied service connection for bilateral knee osteoarthritis, degenerative joint disease of the lumbar spine, left hamstring strain, and right hamstring strain as there was no evidence to support a direct relationship between these conditions and the Veteran's military service.

The Board denied service connection for a back disability, dental disability, lower extremity disability, cervical spine disability, chronic obstructive pulmonary disease (COPD), defective vision, suppurative otitis media, right knee patellofemoral syndrome, headaches, and postoperative hernia scar.

The Veteran's left shoulder disability is manifested by pain with movement of the arm beyond shoulder level, which is the equivalent of limitation of motion to shoulder level. A 20 percent rating is granted.

The Board denied the Veteran's claim for service connection for a low back disorder, finding no evidence of an etiological relationship between the condition and his period of active military service.

The Veteran's service-connected arthritis of the lumbar and thoracic spines does not meet the criteria for a compensable disability rating, and his service-connected disabilities do not preclude substantially gainful employment.

The Board remands the veteran's claims for service connection for a back and neck disability to allow VA to fulfill its duty to assist by obtaining additional records related to in-service injuries.

The Board remands the Veteran's claim for a low back disorder to obtain additional evidence and an examination.

The Board denied the veteran's claims for service connection for a back disorder, neck disorder, migraine headaches, and hearing impairment as there was no competent evidence linking these conditions to his active service.

The Veteran's low back disability was granted a rating of 50 percent, effective September 26, 2003, based on the criteria for unfavorable ankylosis of the entire thoracolumbar spine.

The Board denied the Veteran's claims for increased ratings for his low back disability and jaw fracture, finding that the evidence did not support higher ratings under the applicable criteria.

The Board denied service connection for a low back condition and right ankle condition as secondary to the Veteran's service-connected right knee disability due to lack of evidence linking these conditions to the service-connected disability.

The Board denied an evaluation in excess of 40 percent for lumbar degenerative joint disease based on the current evidence.

The Board denied the veteran's claims for a rating in excess of 40 percent for lumbosacral strain and entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities.