Back / lumbar spine decisions — 2007

The Board has determined that the veteran does not have a current disability of low back disorder related to his military service. The claims for diabetes mellitus, hypoglycemia, speech defect (spoonerism), chronic sinusitis, otitis media, eustachian tube dysfunction, infection of the brain, cyst of the left temple area, and psychiatric disorders are also denied as there is no medical evidence linking these conditions to his military service. The claim for residuals of a head injury is also denied.

The veteran is seeking service connection for lumbar disc disease with right short leg syndrome, which he claims is secondary to his service-connected left foot disabilities. The Board has determined that a remand is necessary to determine the nature and etiology of the veteran's current low back disability.

The Board has remanded the case due to incomplete records and the need for further examination to determine if the appellant's service-connected lumbar spine disability alone precludes locomotion without the aid of braces, crutches, canes or a wheelchair.

The veteran's claims for hearing loss of the right ear, chronic low back disability, gastroesophageal reflux disease (GERD), chronic right ankle disability, and chronic left ankle disability were denied. The veteran was granted service connection for status-post open reduction with internal fixation, right (minor) elbow fracture and dislocation, with excision of radial head with Silastic implant, but only an initial 10 percent evaluation was assigned.

The Board denied the veteran's claim for an initial compensable disability rating for bilateral tinea pedis, but granted his claim for a higher initial disability rating of 20 percent for his back disorder.

The veteran's claim for an increased evaluation for his service-connected traumatic arthritis of the lumbar spine is being remanded due to inadequate examination and consideration of relevant rating criteria.

The veteran's lumbar spine disability is currently rated at 20 percent prior to March 1, 2005 and at 40 percent thereafter. The RO has ordered additional development including a VA examination.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claims of service connection for right great toe pain, a right knee disorder, and a back disorder. The Board finds that these conditions are likely due to injuries sustained in service.

The Board has denied the veteran's petitions to reopen his claims for service connection for various conditions, including hypertension, cervical sprain, appendectomy scar, degenerative changes of the lumbar spine (now termed), tinnitus, bilateral hearing loss, and anxiety reaction. The RO previously denied these petitions in April 1997 and April 2002 without reopening them.

The Board has determined that a chronic midback disorder was not incurred in or aggravated by active military service, nor may osteoarthritis of the midback be presumed to have been so incurred.

The veteran's service-connected degenerative disc disease of the cervical spine with arthritis has been rated at 20 percent, which is the maximum rating available under the General Ratings Formula for Diseases and Injuries of the Spine.

The case is being remanded to the RO for further action, including obtaining medical records from Hocking Correctional Facility and readjudicating the claim.

The Board denied the veteran's claims for an increased disability rating for his service-connected myositis of the lumbosacral spine and denied his claims for service connection for a right eye disorder and a right leg disorder, finding that there was no evidence linking these conditions to active military service or his service-connected low back disorder.

The veteran's low back disability was granted a separate evaluation of 50 percent for orthopedic manifestations from September 23, 2002. The claim for an increased rating prior to that date and for neurologic manifestations remains denied.

The Board has determined that the veteran's right knee and low back disabilities are not service-connected, as they are more likely due to his excessive body weight. The claim for an increased rating for residuals of excision of a mass on the left adductor muscle is also denied.

The Board finds that the veteran's spinal disorders are related to service and grants his claim for service connection. The veteran is not entitled to special monthly compensation based on aid and attendance due to his non-service-connected conditions.

The veteran's spouse is considered in need of regular aid and attendance due to blindness in both eyes, and the effective date for the award of aid and attendance for his spouse is set at March 6, 2000.

The Board denied the veteran's claims for service connection for PTSD and a chronic low back disability. For PTSD, the evidence did not establish a diagnosis of PTSD or credible supporting evidence that the claimed in-service stressor occurred. For the low back disability, there was no medical record corroborating the veteran's account of being struck by a car during active duty.

The Board finds that the veteran's service-connected lumbar spine disability did not meet or approximate criteria for a rating in excess of 10 percent during the period from April 3, 1979 until July 20, 1995.

The Board has determined that the veteran's cervical and lumbar spine disabilities were not incurred in or aggravated by his military service.