Back / lumbar spine decisions — 2013

The Veteran's service-connected right shoulder disability is linked to his left upper extremity symptoms, including radial nerve neuropathy. Service connection for degenerative disc disease of the cervical spine and thoracic spine has been granted with effective dates set at April 16, 2001.

The Board found that the Veteran's low back disability was not incurred in or aggravated by active service, nor may it be presumed to have been incurred in service. Therefore, service connection for a low back disability is not warranted.

The Board found that arthritis of multiple joints and a lumbar spine disability were not incurred in service, presumed to be related to service, or proximately due to or the result of any service-connected disability.

The Veteran's service-connected lumbosacral strain with L4 degenerative disc disease does not meet the criteria for an initial evaluation in excess of 20 percent.

The Board has determined that the appellant does not have a current disability for which service connection is warranted, and thus the claims are denied.

The Board found that the Veteran's current back disability is not related to his service and denied his claim for service connection.

The Board found no evidence of a bilateral hip or low back disability that was incurred in service, and thus denied the Veteran's claims for service connection.

The Veteran's claim for increased ratings for spinal stenosis with degenerative joint disease of the lumbosacral spine is being remanded due to the need for additional development.

The Board found that a current disability was not incurred due to service, and arthritis of the low back is not presumed to have been incurred during service.

The Veteran's low back disability has been manifested by muscle spasm and pain, but not to the extent that it warrants a higher rating.

The Veteran's service-connected disabilities, including bilateral hearing loss, thoracolumbar spine disease, peripheral neuropathy of the left and right lower extremities, and non-specific urethritis, combine to result in a total disability rating. The Board finds that due to these disabilities, the Veteran is unable to secure or follow substantially gainful employment.

The Veteran's appeal has been withdrawn, and thus the case is dismissed.

The Veteran's service-connected intevertebral disc disease of the lumbar spine is currently rated as 10 percent disabling, effective November 21, 2012. The rating remains unchanged for both periods prior to and after this date.

The Board found that the submitted evidence does not raise a reasonable possibility of substantiating the claim for service connection for a back disorder, and thus denied reopening of the claim.

The Board has determined that an effective date prior to February 28, 2007 for the awards of service connection for right (major) shoulder strain, left hip strain, lumbar strain, bilateral tinnitus, pes planus, left lateral leg scar residuals, post-operative pilonidal cyst removal scar residuals, and psoriasis is not warranted.

The Veteran's degenerative disc disease of the lumbar spine is rated at 40 percent, which corresponds to limitation of flexion to 30 degrees and no evidence of favorable ankylosis. The rating reflects a significant impairment but not incapacitating episodes.

The Veteran's death was not caused by any service-connected disability, and there is no evidence of herbicide exposure. The cause of death was metastatic lung cancer.

The Board has determined that the character of discharge for the Veteran's period of service was dishonorable due to felony convictions associated with rape and attempted rapes. The claims for mental trauma, sexual dysfunction, lumbar spine disorder (residuals of back strain), bilateral knee disorder (arthritis of knee), and acquired psychiatric disorder to include PTSD have all been denied as they are not supported by the evidence.

The Board has granted service connection for COPD and a lumbar spine disability, but the claims for bronchitis, chest pain, and hypertension are remanded due to incomplete development of the record.

The Board found no evidence of a left upper extremity disability, including a minor radial head injury. The Veteran's low back disorder was diagnosed but the VA examiner opined that it is less likely as not caused by or aggravated by service.