Back / lumbar spine decisions — 2012

The Board found that the Veteran's low back disability pre-existed service and did not increase in severity during service, thus denying her claim for service connection.

The Board found that the Veteran's low back and right foot disorders did not manifest during a period of Active Duty for Training (ACDUTRA) or Inactive Duty for Training (INACDUTRA), and thus, service connection could not be established based on these periods. The claim was denied as there is no evidence of chronicity of the conditions in service.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining an addendum opinion from a VA examiner regarding his left ear hearing loss disability and scheduling another VA examination for low back arthritis. The issues of service connection for left elbow bursitis and bronchitis are also referred back to the AOJ.

The Board denied the Veteran's claims for a rating in excess of 60 percent for his lumbar spine disability and service connection for a respiratory disability, including obstructive sleep apnea and asthma. The Veteran's lumbar spine disability is currently rated at 60 percent.

The Veteran's claim for service connection of a lumbar spine disorder was denied as there is no competent and credible evidence to support the assertion that his current condition is related to his active duty service.

The Board has determined that the Veteran's left knee and low back disorders were not incurred or aggravated during service, nor are they related to any incident of service. The claim for service connection is denied.

The Board has granted service connection for a low back disability, finding that the Veteran's pre-existing condition did not increase in severity during service and is related to his military service.

The Veteran has degenerative disc disease of the cervical and thoracic spine that is likely attributable to his active military service, which is granted as direct service connection.

The Board has determined that the reduction of compensation benefits from August 1, 1999 to November 5, 2004 was proper based on the Veteran's incarceration for a felony conviction.

The Board has determined that the Veteran's current lower back disability is related to service, and thus grants his claim for service connection.

The Board found no evidence of a low back disorder during service or within the presumptive period. The Veteran's current condition is not related to his active duty.

The Board has determined that the Veteran's low back and cervical spine disorders are service-connected, as is his acquired psychiatric disorder. The cardiovascular disorder was not incurred in or aggravated by active duty.

The Board has determined that additional development is necessary before a final decision can be made on the Veteran's claims for service connection and TDIU.

The Veteran's claim for a higher initial rating for his service-connected degenerative disc disease of the lumbar spine was granted, with a 20 percent rating effective May 3, 2006.

The Board has determined that the Veteran's low back disability, manifested by degenerative disc disease, is service-connected as it had its clinical onset during his period of active service.

The Board has determined that the Veteran's cervical and lumbar spine disabilities are not related to service, as there is no evidence of a chronic disability during or within one year after service. The VA examinations did not find any link between current conditions and service.

The Board has determined that there is a 50% likelihood or more that the Veteran's current lumbar spine disability, including degenerative disc disease, is related to his service. As such, the claim for service connection is granted.

The Board found that the Veteran does not have a currently diagnosed low back disability and denied service connection for this condition. The claim of service connection for neck disability was also denied.

The Veteran's claim for a higher rating for degenerative disc disease of the lumbar spine was denied as his disability did not meet the criteria for a higher rating under VA's General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's claim for a higher rating for his service-connected low back strain with degenerative changes was denied as the evidence did not show flexion of more than 30 degrees, which is required for an increased rating under the General Rating Formula for Diseases and Injuries of the Spine.