Back / lumbar spine decisions — 2006

The Board found that the veteran's pes planus pre-existed his entrance into both periods of active duty military service and did not increase in severity during either period. The claims for secondary service connection for back, bilateral hip, bilateral knee, and bilateral ankle conditions were denied as there was no legal basis to establish such connections.

The Board has granted service connection for a chronic right knee disability, degenerative joint disease. The low back disability is presumed to have been incurred in service.

The veteran's claims for increased ratings for his service-connected degenerative joint disease/degenerative disc disease of the lumbosacral spine, left knee, and right knee were denied as he does not meet the criteria for a higher rating under the applicable VA rating criteria.

The Board has denied the appellant's service connection claims for left knee disorder, low back disability, gynecomastia, and liver disorder. The evidence does not support a finding of service connection for any of these conditions.

The VA determined that the veteran's service-connected post-operative lumbar laminectomy does not meet or approximate the criteria for a higher evaluation than the current 40 percent rating.

The veteran's claim for an initial rating in excess of 20 percent for a low back disability is being remanded due to the need to send a copy of the January 2006 Supplemental Statement of the Case (SSOC) to his new mailing address.

The Board found no evidence of a back disability during service or related to service, and denied the veteran's claim for service connection.

The Board has determined that the veteran does not have current diagnoses of a neck disability or back disability, and any diagnosed mental disorder is not related to service. Therefore, his claims for these conditions are denied.

The Board denied the veteran's claims for service connection for PTSD and a back disability. The claim for PTSD was denied due to lack of verified combat duty and uncorroborated in-service stressor, while the claim for a back disability was denied as there is no medical evidence linking any current condition to service.

The Board has granted the veteran's claim for service connection for tinea pedis on a secondary basis to his service connected pes planus with hallux valgus and bunions. The claim for PTSD was not established, but new and material evidence has been received to reopen it. Service connection for degenerative disc disease of the cervical spine is denied as there is no new and material evidence.

The veteran's service connection claim for status post septoplasty is granted. The appeals regarding right foot strain, bilateral hearing loss, and increased rating for lumbar spine strain are dismissed.

The veteran has been granted service connection for a low back disability, including as secondary to his already service-connected right knee disability.

The Board denied the veteran's claims for service connection for degenerative joint disease of the lumbar spine, degenerative joint disease of the right knee, and a skin disorder characterized as actinic keratosis, seborrheic keratosis, and senile keratosis.

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

The Board denied the veteran's claim for special monthly compensation based on aid and attendance or being permanently housebound due to his service-connected spinal disorders. The denial is because the VA examination did not adequately assess the impact of his disabilities on his ability to perform daily functions.

The veteran's depressive disorder is rated at 30 percent, and service connection for a low back disability is granted.

The Board has determined that the veteran's current back disability is not related to his service, including any injuries sustained therein. As a result, the claim for service connection for a back disability is denied.

The Board of Veterans' Appeals has remanded the case for further action due to inadequate medical examination and consideration of reopened claim evidence.

The Board has ordered additional development due to the need for further examination and review of medical records, including those related to workers' compensation claims and Social Security benefits. The veteran's claim for service connection for a low back disorder will be reconsidered after this additional information is obtained.

The Board has determined that the veteran's service-connected traumatic L3-4 Grade I spondylolisthesis with low back pain syndrome does not warrant a rating in excess of 40 percent.