Back / lumbar spine decisions — 2007

The Board has remanded the case due to additional medical evidence submitted by the veteran, and it is unclear if service connection will be granted based on new evidence.

The Board has determined that the veteran's service-connected lumbar spine disability and dysthymic disorder meet the criteria for specially adapted housing benefits, as his condition effectively precludes locomotion without assistive devices.

The Board has ordered additional development due to incomplete service medical records and the need for a VA examination to determine if the veteran's current lumbar or cervical spine disorder is related to disease or injury shown in his service records.

The veteran's service-connected cervical spine disability is rated at 20 percent, effective October 6, 1991. The right thumb strain and residuals of left thumb sprain are both rated as 10 percent.

The Board denied the veteran's claims for increased ratings for his service-connected cervical spine, thoracic spine, and lumbar spine disabilities. The veteran was also denied a compensable rating for his bilateral pes planus.

The Board has determined that the effective date for the grant of service connection and award of a 60 percent evaluation for degenerative disc disease of the lumbar spine must be denied by operation of law as there is no indication in the record that either a formal or informal claim was made prior to July 30, 2001.

The Board found that the veteran's lumbar spine disorder, encompassing degenerative joint disease and degenerative disc disease, was not incurred in or aggravated by service.

The veteran's claims for service connection were denied across the board due to lack of evidence showing a nexus between his claimed conditions and active duty service.

The Board has granted service connection for degenerative joint disease of lumbar spine with sciatica. The veteran's psychiatric disorder is being remanded for further examination and consideration.

The Board has reopened the veteran's claims for service connection for chronic headaches and a low back disability, but denied both claims as not having been incurred in or aggravated by active military service.

The Board has reopened the claim for service connection for a left eye disorder and granted an initial 30 percent disability rating for dysthymia and major depressive disorder. The other claims remain denied.

The veteran's claim for an increased rating for his lumbosacral pain, status-post laminectomy is being remanded due to the need for additional evidence and a new examination.

The Board has denied the veteran's claims for service connection for PTSD, a right-side-of-the-body condition, a low back disorder, a right arm disorder (other than the one mentioned above) causing pain, and a skin rash on the upper legs and groin. The evidence does not support these claims.

The veteran's claim for non-service-connected pension benefits is denied as he did not meet the eligibility criteria due to his short period of active military service and lack of a service-connected disability.

The Board found no evidence of a current hearing loss disability in the left ear and denied service connection for this condition. The claim for low back strain was remanded due to insufficient medical evidence.

The Board has determined that the veteran does not have current disabilities of the low back, right knee, left knee, right ankle, and/or left ankle. The VA medical examinations did not find any chronic conditions resulting from service-connected bunion of the right foot. There is no evidence of a current diagnosis for tinea pedis or residuals thereof.

The Board denied the veteran's claims for increased ratings for her service-connected low back strain with degenerative joint disease, finding that the evidence did not meet the criteria for a higher rating prior to February 17, 2006 and from February 17, 2006.

The Board has determined that additional development is needed to determine the nature and etiology of the veteran's claimed back disability and left leg, hip, and knee disabilities. The case will be returned for further action.

The Board denied service connection for headaches, low back disability, seborrheic dermatitis of the chest, and hypertension as these conditions were not shown to be related to service or any service-connected disabilities.

The Board has remanded the case for further development and consideration of new evidence, including a potential opinion from Dr. K.S. regarding the veteran's back disability.