Back / lumbar spine decisions — 2007

The Board denied the veteran's claims of service connection for tinnitus, right knee disorder, left knee disorder, and back disorder. The Board found that there was no competent evidence linking these conditions to his military service.

The Board denied the veteran's claims for an increased rating for a burst fracture and a compensable rating for bilateral hearing loss, finding that the evidence did not warrant higher ratings under applicable evaluation criteria.

The veteran's service-connected disabilities have resulted in the effective loss of use of his lower extremities, including his feet. The Board has granted entitlement to financial assistance in the purchase of an automobile or other conveyance and adaptive equipment.

The Board denied the reopening of a claim for service connection for a back disorder, finding that new and material evidence had not been presented. The decision is final as it was based on a prior denial in June 1985.

The Board has granted a 10 percent rating for the veteran's residuals of a fracture of the right index finger, finding that it more nearly approximates the maximum schedular evaluation under Diagnostic Code 5229.

The Board denied a rating in excess of 20 percent for the veteran's lumbosacral strain, finding that the disability did not meet or approximate the criteria for a higher evaluation.

The veteran's claim for payment or reimbursement of unauthorized medical expenses at Kaiser Permanente Medical Center is being remanded due to incomplete documentation and procedural issues. The case will be reviewed by the VAMC with additional evidence, including records from VA facilities and Kaiser, as well as clarification on the nature of the emergency and distances involved.

The Board has remanded the case for further development due to deficiencies in the examination provided and other procedural issues.

The VA determined that the veteran's service-connected low back disability, manifested by spinal stenosis at L3-4 and L4-5 with pain, did not warrant a rating higher than 10 percent prior to September 26, 2003. After this date, the disability was rated as 10 percent due to limited range of motion.

The Board found that new and material evidence had not been submitted to reopen the claim for service connection for degenerative disc disease of the lumbar spine. The veteran's current condition is not related to his military service.

The veteran's low back disability is rated at 40 percent, effective from March 27, 2000. The post-operative residuals of the left knee injury are currently rated at 20 percent.

The Board denied the veteran's claims for service connection for multiple joint complaints including arms, shoulders, and thoracolumbar spine, cervical spine disability, bilateral knee disability, and rectal disorder manifested by bleeding. The veteran did not have a chronic disorder of multiple joints involving the arms, shoulders, and thoracolumbar spine that can be related to his period of service.

The Board has granted service connection for PTSD, finding that the veteran's pre-existing PTSD was aggravated by his military service. Service connection for a back disability is denied.

The veteran's DDD of the lumbar spine was granted a 10 percent rating from September 26, 2003 to November 16, 2006. A higher rating is not warranted.

The Board found that the veteran does not have a current chronic hip pain, low back disorder, or right ankle disorder. The preponderance of evidence is against service connection for these conditions.

The veteran's low back disability, characterized as chronic thoracolumbar strain with osteoarthritis, has resulted in severe loss of range of motion throughout the appeal period. The RO granted a 20 percent rating effective from June 16, 2004.

The Board denied the veteran's claims for service connection for residuals of a right foot injury and chronic low back condition, finding that there was no clear and unmistakable evidence to support his preexisting conditions existed prior to service or were aggravated by service.,VA also found insufficient medical evidence linking the veteran's current low back disorder to his nonservice-connected right foot condition.

The Board has determined that the veteran's current low back disability, diagnosed as degenerative disc disease L4-5 with spondylolisthesis, is not related to his service and therefore denied service connection for this condition.

The veteran's claim for an increased evaluation of his service-connected lumbosacral spine disability was denied as the evidence did not show pronounced or severe intervertebral disc syndrome with recurring attacks and intermittent relief. The current rating of 20 percent is maintained.

The Board has determined that the veteran's claimed conditions, including COPD, degenerative disc disease of the lumbar spine, tinnitus, and dermatitis of both hands, were not incurred or aggravated by military service. The evidence does not support a finding of service connection for any of these conditions.