Back / lumbar spine decisions — 2007

The Board has determined that the veteran's service-connected right knee chondromalacia and lumbar strain with degenerative joint disease do not warrant evaluations in excess of their current ratings.

The veteran's knee, hip, ankle, and foot disabilities are not service-connected. The Board denied the claims of service connection for left shoulder disability due to lack of evidence.

The Board has determined that the veteran does not have a current right ankle disorder, bilateral leg disorder, low back disorder, or degenerative joint disease. The evidence of record does not support service connection for any of these conditions.

The veteran's claim for special monthly compensation by reason of need for regular aid and attendance or at the housebound rate is denied as he does not meet the criteria for either benefit.

The Board has granted a 60 percent evaluation for the veteran's intervertebral disc disease of the lumbosacral spine and has granted an effective date of July 31, 1997 for his claim for TDIU.

The Board has denied the veteran's claims for service connection for degenerative disc disease of the thoracolumbar spine and cervical spine, finding no competent medical evidence linking these conditions to his military service.

The veteran's chronic lumbosacral strain with degenerative disc disease is now rated at the highest possible evaluation of 40 percent, reflecting severe limitation of motion.

The Board has determined that the submitted evidence is not new and material to reopen the claim for service connection for a low back disability.

The Board has reopened the claims for service connection for low back strain and tinnitus, but additional development is required before a final determination can be made on these issues. The veteran's chondromalacia of the right and left knees have been rated as 10 percent disabling prior to July 26, 2005.

The veteran's claim for service connection for a chronic disorder manifested by mechanical low back pain is being remanded due to the need for an examination and opinion regarding the relationship between his current back disability and military service.

The veteran's initial evaluations for lumbosacral strain, bilateral shin splints, and acne were denied. The VA found that her conditions did not warrant an evaluation greater than 10 percent for lumbosacral strain or compensable evaluations for the shin splints.

The Board denied the veteran's claims for increased ratings for his service-connected low back disability, right great toe disability, and plantar fibroma. The veteran's lumbar spine disability was rated at 20 percent, which is the maximum rating under the applicable diagnostic codes. His right great toe disability has been assigned the maximum rating of 10 percent. The veteran's plantar fibroma was also rated at 10 percent.

The veteran's low back strain and degenerative joint disease of the lumbosacral spine are currently rated at 20 percent, which is the maximum rating available under current VA regulations. The Board finds that these conditions do not warrant a higher rating based on the evidence provided.

The Board has remanded the case due to incomplete information and need for further examination. The veteran's right knee disorder, cervical spine condition, and lumbar spine condition are being reviewed for service connection.

The Board has granted the veteran's claims for service connection and effective dates, but finds that further development is needed to determine if an earlier effective date can be assigned.

The Board denied the veteran's claims for increased ratings and TDIU, finding that his rheumatoid arthritis is inactive and not productive of any compensable disability. The other issues were also denied as there was no evidence of active rheumatoid arthritis or significant impairment in joints.

The Board has reopened the veteran's claim for service connection for a back disability due to new and material evidence submitted since the final March 2002 RO decision. However, there is no competent medical evidence of record relating the veteran's current back disability to any disease or injury which occurred during active military service.

The veteran's claims for increased evaluations of his service-connected degenerative disc disease of the cervical spine and lumbar strain were granted, but with specific rating periods.

The Board has determined that the veteran does not have any currently diagnosed disabilities of the right or left shoulder, and her claims for service connection are denied. The Board also found no evidence to support a finding that she experienced in-service injuries leading to diabetes mellitus, peripheral vascular disease, GERD, or degenerative joint disease of the cervical or lumbar spine.

The Board found that the veteran's death was caused by a pulmonary embolism resulting from a fall due to his hearing loss, which prevented him from hearing his wife's warning. The cause of the fall and subsequent injuries were not definitively established.