Back / lumbar spine decisions — 2007

The Board has determined that the veteran's claimed back condition, knee condition, and peripheral neuropathy are not related to his military service.

The veteran's claim for an evaluation in excess of 40 percent for service-connected low back disability prior to September 1, 2005 was denied.

The veteran's service-connected lumbar spine disability is currently rated at 40 percent, which represents the highest rating available under the applicable VA rating criteria. The current evaluation reflects severe limitation of motion due to stiffness and pain.

The Board has determined that the veteran's low back disability was not incurred or aggravated during active duty and its incurrence or aggravation during such service may not be presumed.

The veteran's low back disability, which was already service-connected, warrants a 60 percent evaluation since September 23, 2002. This is the highest schedular evaluation available for intervertebral disc syndrome under the current rating criteria.

The veteran's low back disability and abdominal scar are both found to be related to his military service, leading to a grant of service connection for these conditions.

The Board has reopened the veteran's claim for service connection for a back disorder and remanded it to the RO for further action. The appeal also includes a claim for PTSD, which is being remanded as well.

The veteran's low back disorder, PTSD, bilateral hearing loss, and diabetes mellitus are not service-connected. The initial disability ratings for PTSD (30%), bilateral hearing loss (0%), and diabetes mellitus (20%) have been denied.

The Board denied the veteran's claim for service connection for a back condition, including degenerative joint disease, finding that there was no evidence of chronicity during service or continuity of symptomatology after service. The Board also found that the current degenerative changes were unlikely related to the in-service low back strain.

The VA denied the veteran's claims for increased evaluations for his right knee and lumbar spine disabilities, finding that they do not warrant a higher rating based on the current evidence of record.

The Board has remanded the veteran's claims due to inadequate VCAA notice, and further development is required.

The Board denied the veteran's claims for service connection for a low back disability and an initial rating in excess of 10 percent for hydrocele. The only medical opinion provided did not establish a nexus between the current disabilities and active service.

The Board denied the veteran's claims for service connection for asthma, emphysema, COPD, glaucoma of the right eye, glaucoma of the left eye, osteoporosis, and rheumatoid arthritis or degenerative joint disease of the lumbar spine. The reasons were that there was no current diagnosis of these conditions in the record.

The Board has determined that the veteran's back disability is related to his military service and grants the claim for service connection.

The Board has granted the veteran's claim for service connection for a low back disability on a secondary basis to his service-connected pes planus.

The Board has determined that the veteran's tinnitus is at least as likely as not caused by his service-connected left ear hearing loss, and thus grants secondary service connection for tinnitus.

The Board found no evidence of a chronic low back disorder in service and denied the claim for service connection. The veteran's current low back condition was not related to his period of active duty. For the left knee scar, the Board determined that it did not meet the criteria for a compensable rating under either the pre-amended or amended VA rating criteria.

The Board has determined that the veteran's lumbar spine disability with degenerative disc disease is now rated at 60 percent, effective as of June 29, 2005.

The Board found that the veteran's current left leg disability did not originate in service and is not related to any event that occurred in service. The veteran was not engaged in combat, and there is no credible supporting evidence of a sexual assault during service. Therefore, service connection for PTSD cannot be established.

The veteran's disabilities, including diabetes mellitus and left shoulder arthritis, are rated at a combined 80 percent. The veteran is entitled to special monthly pension at the housebound rate.