Back / lumbar spine decisions — 2004

The Board has determined that the veteran's currently diagnosed low back disorder was incurred in active service and granted service connection for this condition. The claim of entitlement to an increased evaluation for post concussion syndrome with headaches remains pending.

The veteran's right hip injury residuals and low back pain syndrome have been rated, with the right hip receiving a 30 percent rating since December 15, 2003. The low back pain syndrome remains at 20 percent.

The Board has determined that the veteran's hearing loss and degenerative changes of the lumbar spine are not related to service, thus denying his claims for service connection.

The veteran's back disorder is related to his service-connected left tibia fracture. Impotence is not related to any service-connected condition. The other conditions are either not directly related to service or have no evidence of exposure to known risk factors.

The Board found no clear and unmistakable error in the June 1997 rating decision that granted a total disability rating based on individual unemployability, effective June 28, 1996. The November 1997 rating decision was also considered final as it did not assign an earlier effective date for the grant of a total disability rating due to service-connected disabilities.

The veteran's claims for service connection for PTSD, bilateral hearing loss and tinnitus were granted. He was also granted initial evaluations of 10 percent for Type II diabetes mellitus, peripheral neuropathy of the right lower extremity, and peripheral neuropathy of the left lower extremity, effective from January 4, 2001 (diabetes mellitus) and October 23, 2001 (peripheral neuropathy of each lower extremity), respectively. The veteran's claim for a TDIU was denied.

The Board has found that the veteran's current lumbosacral spine disability originated during active service and granted service connection for this condition. The decision on scoliosis of the thoracic spine is pending as it was not addressed in detail.

The Board has remanded the case for further development, including obtaining complete reserve component records and scheduling a VA examination to determine if any current left knee or low back disabilities are secondary to or aggravated by the veteran's service-connected right knee disability.

The Board found that the veteran's low back disorder, manifested as spondylolisthesis and degenerative disc disease, is not due to a disease or injury incurred in service. The Board concluded that any pre-existing condition was not aggravated by service.

The appellant claims service connection for low back injury, right hip condition, and left shoulder disorder. The RO has remanded the case due to the need for a VA examination.

The Board has granted service connection for a low back disability and assigned a 20 percent rating. The veteran's claims for increased ratings for bilateral hearing loss and tinnitus were denied.

The Board found that the veteran's current bilateral hearing loss disability did not meet VA compensation criteria and denied his claim for service connection. The Board also noted that he had heel contusions in service but no evidence of a current heel disability, and back strain in service with no current back disability.

The veteran's claims for increased ratings of his service-connected cervical and lumbar spine disabilities are being remanded to the RO for further development, including consideration under the revised rating criteria effective September 26, 2003.

The Board finds that the veteran's right hip arthritis and low back disorder are secondary to his service-connected left knee disorder, with reasonable doubt resolved in favor of the claim. The bilateral foot disorder is not related to his service-connected left knee disorder.

The Board found no evidence linking the veteran's current conditions to his military service, and thus denied all three issues of service connection.

The Board has received notification from the appellant that they wish to withdraw their appeal, and thus the appeal is dismissed.

The VA Regional Office (RO) continued the veteran's 40 percent disability rating for his lumbar spine disability, which was previously diagnosed as residuals of a low back injury with herniated nucleus pulposus (HNP).

The Board found no competent medical evidence linking the veteran's current disabilities to service, including his claimed lumbosacral strain, irritable bowel syndrome, dorsal spine disorder, and psychiatric disorder. The claim for PTSD was also denied due to lack of verified stressor.

The veteran's appeal is being remanded for additional development, including obtaining medical records and providing the veteran with proper VCAA notification.

The Board denied service connection for low back pain, musculoskeletal symptoms, and knee pain as undiagnosed illnesses due to a lack of evidence linking these conditions to service.