Back / lumbar spine decisions — 2011

The Board found no evidence of a chronic low back disorder during service and denied the claim for service connection.

The Board has reopened the claim of service connection for a low back disability and granted it. The claims for allergies, dyspnea secondary to allergies, sinus disability, and left foot disability were not supported by the evidence presented.

The Board has remanded the case for further development, including obtaining SSA records and scheduling a VA examination to determine the etiology of the Veteran's COPD. The issues on appeal include service connection for lung disorder (COPD), low back disability, and heart disorder.

The Board has granted a 20 percent evaluation for the Veteran's service-connected lumbar strain, effective November 19, 2008.

The Board found that a chronic skin disability was not incurred in or aggravated by the Veteran's active duty service and denied his claim for service connection. The low back issue is remanded.

The Board found that the reduction of the evaluation for degenerative joint disease of the thoracolumbar spine at L5-S1 from 40 percent to 10 percent was proper, based on evidence in the record and compliance with due process laws.

The Board denied the Veteran's claims for increased evaluations for cervical and lumbar degenerative changes, finding that the evidence did not warrant a higher evaluation under either the old or new rating criteria.

The Board has determined that the Veteran's degenerative joint disease of the cervical and lumbosacral spine is service connected, based on evidence showing it began during his military service.

The Board has granted service connection for a low back disorder as secondary to the Veteran's service-connected shortening of the right leg, based on evidence showing that his current back condition is related to his in-service surgery and resulting leg length discrepancy.

The Board has denied the Veteran's claims for service connection for a left foot disability and a lumbar spine disability, finding that new and material evidence was not received to reopen these claims. The Board also found no reasonable possibility of substantiating the claims based on the additional evidence submitted.

The Veteran's low back disability has been rated at 10 percent since July 20, 2006. The VA found that the disability does not meet criteria for a higher rating based on limitation of motion or other factors.

The Board has determined that the Veteran's right hip and back disabilities are reasonably related to his service-connected bilateral knee disabilities, warranting service connection.

The Board found that the Veteran's current degenerative disc and joint disease is not related to his military service, as it was a congenital disorder with no evidence of aggravation. The VA examiner concluded that the condition was more likely due to aging and normal progression.

The Board has ordered a new VA examination to determine the etiology of the Veteran's current back disorder and whether it is related to his military service. The appeal will be remanded for further development.

The Veteran's service-connected degenerative disc disease of the lumbar spine has been manifested primarily by pain and stiffness, with a combined range of motion in all applicable planes of at least 185 degrees. The preponderance of evidence shows that these symptoms have not resulted in incapacitating episodes or neurologic deficits.

The Board found that the Veteran's current degenerative low back disability is not related to his service or any service-connected conditions, and thus denied his claim for service connection.

The Board has determined that the Veteran's low back disorder, neck disorder, and peripheral neuropathy of right hand are not service-connected as they did not manifest during or within one year after his military service. The evidence does not support a finding that these conditions were incurred in service or due to any service-connected disability.

The Board found that the Veteran's low back disability was not incurred or aggravated by service, and denied his claim.

The Veteran's appeal has been withdrawn by the appellant, through his authorized representative. As a result, the Board does not have jurisdiction to review the appeal and it is dismissed.