Back / lumbar spine decisions — 2007

The Board has determined that the veteran's claims for service connection for chronic post-traumatic stress disorder, hypertension, body scars (secondary to service-connected lumbosacral strain with herniated nucleus pulposus, status post hemilaminectomy), and arthritis (claimed as secondary) have been denied. The evidence submitted does not meet the standard for constituting new or material evidence.

The Board found that the veteran's service-connected bilateral pes planus did not cause or aggravate his claimed lumbar spine, bilateral knee, and bilateral hip disabilities. The evidence was insufficient to establish a current disability for any of these conditions.

The Board has decided to remand the case for further development, including searching for service records from specific time periods.

The Board has determined that service connection is not warranted for PTSD, arthritis of the right hand, hypertension, bilateral shoulder disability, bilateral knee disability, or left ankle disability.,An additional VA examination may be necessary to address the etiology of the veteran's hypertension.

The veteran's claims for increased ratings were denied. The RO found that the evidence did not support a higher rating for his service-connected conditions.

PTSD symptoms more nearly approximate a 50 percent rating.,The service-connected status post residuals of right radical orchiectomy for seminoma with embryonal carcinoma of the right testicle and atrophy of the left testicle with hypogonadism do not meet the criteria for a higher rating.,There is no evidence of a lung disorder (claimed as tuberculosis, sarcoidosis/pneumonitis, respiratory disorder, lung disorder, breathing problems, and lung cancer secondary to carcinoma of the right testicle) incurred in or aggravated by active military service. The claim may not be presumed to have been incurred in or aggravated by military service.,Chest pain is not a distinct disability for VA disability compensation purposes.,Peptic ulcer disease was not incurred in, or aggravated by, active military service. The claim may not be presumed to have been incurred in or aggravated by military service.,GERD was not incurred in or aggravated by active military service. The claim may not be presumed to have been incurred in or aggravated by military service.,Degenerative joint disease was not incurred in, or aggravated by, active military service. The claim may not be presumed to have been incurred in or aggravated by military service.,Low back pain is not a distinct disability for VA disability compensation purposes.,Claudication (also claimed as peripheral vascular disease) was not incurred in, or aggravated by, active military service. The claim may not be presumed to have been incurred in or aggravated by military service.,Obesity was not incurred in or aggravated by active military service.,Dyslipidemia is not a disability for VA disability compensation purposes.

The Board has determined that the veteran's cervical spine degenerative disc disease does not meet or approximate the criteria for a higher initial evaluation, and thus denied his claim.

The veteran's adjustment disorder with depressed and anxious mood is found to be secondary to his service-connected cervical spine disability. The RO has granted a 20 percent rating for the cervical spine since April 30, 2005, effective from March 29, 2003. A separate 10 percent rating is assigned for each upper extremity radiculopathy associated with service-connected cervical and lumbar spine disabilities.

The Board has remanded the case for additional development, including obtaining medical records and conducting examinations to determine if the veteran has current disabilities related to his service.

The veteran's appeal is being remanded for further action, including scheduling a videoconference hearing and clarifying his representation.

The veteran's low back sprain is currently rated at 20 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Board found that the veteran does not have a current diagnosed low back disability and thus denied her claim for service connection.

The Board has denied the veteran's claim for service connection for a back disability, finding that there is no clear and convincing evidence to support the presumption of service connection due to combat exposure. The medical evidence does not link any in-service injury or incident to current back pathology.

The Board denied the claims for tinnitus, bilateral hearing loss, and low back disorder. The claim for PTSD was reopened but ultimately denied on the merits due to lack of a nexus to service.

The Board denied the veteran's claims for increased evaluations for his service-connected lumbosacral strain and radiculopathies of both lower extremities, finding that the evidence did not show ankylosis, pronounced intervertebral disc syndrome symptoms, or incapacitating episodes having a total duration of at least six weeks during the past twelve months.

The veteran's claim is being remanded for further development due to the need for additional information regarding his lumbar spine disability.

The Board has ordered additional development due to incomplete findings from the April 2006 VA examination regarding nerve involvement and paralysis.

The Board found no evidence of a present low back disability incurred during service or as a result of an established incident. The claim was denied.

The veteran does not have a single permanent disability rated as 100 percent disabling, and therefore is not eligible for special monthly pension at the housebound level.

The veteran's lumbar strain has been rated at 20 percent since October 30, 2000. The Board found that the disability does not warrant a higher rating as it only manifests moderate limitation of motion and muscle spasm without ankylosis or neurological manifestations.