Back / lumbar spine decisions — 2007

The Board has determined that the veteran's respiratory disorder is related to his service exposure to asbestos, and thus granted service connection for this condition. The back disability was not found to be directly related to service or due to a pre-existing condition aggravated by service.

The Board has remanded the case to the RO for further development due to a failure of the VA examiner in May 2005 to address September 1961 radiographic findings that showed 'possible' degenerative disc disease.

The Board found that the veteran's back disability was not incurred or aggravated during active service and denied his claim for service connection.

The veteran's disabilities are rated at 80 percent, and the appellant seeks an increased special apportionment of his VA disability income. The Board denied the claim as awarding a special apportionment in excess of $250.00 per month would cause undue hardship to the veteran.

The Board has found that the veteran's back disability is at least as likely as not caused by an in-service injury, and service connection for residuals of back injury with traumatic arthritis of the lumbar spine is granted.

The veteran's claims for increased ratings and service connection were denied. The Board found that the veteran's degenerative disc disease of the thoracolumbar spine did not meet the criteria for a higher rating, while his bilateral foot disorder met the criteria for a 30 percent disability rating.

The veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to his combined disability rating and lack of specific qualifying conditions.

The Board denied the appellant's claim for service connection for asthma, finding that there was no evidence of a current disability and no relationship to service. The claims for reopening service connection for low back disorder and type II diabetes mellitus were not addressed in this decision.

The veteran's low back disability, prior to May 14, 2005, was manifested by moderate limitation of motion and mild neurological deficits without incapacitating episodes. The current evaluation of 20 percent is appropriate given the symptoms.

The Board found that the veteran does not have a disability manifested by tinnitus of the left ear due to disease or injury incurred in service. The claim for low back disorder is remanded for further development.

The VA determined that the veteran's chronic low back strain with arthritis does not warrant a rating higher than 20 percent.

The veteran's left knee arthritis is service-connected and granted a 10% rating effective April 13, 2005.,Service connection for lumbar spine injury and cervical spine injury was denied. The veteran's pes planus disability remains non-compensably disabling.

The Board has ordered the case to be remanded for additional development of service information and a VA examination.

The Board found no evidence of a nexus between the veteran's current right ear hearing loss and service, nor did it find any evidence of a nexus between his low back disability and service. The claims were denied.

The Board has determined that the veteran does not meet the criteria for service connection for tinnitus, a skin disorder, or PTSD. The claims are being remanded to allow further development.

The Board denied the veteran's claims for service connection for disorders of the right hip, bilateral knees, and low back. The medical evidence did not include current diagnoses with respect to these conditions.

The veteran's back condition, diagnosed as lumbar disc disease with a mild impingement, is found to be related to his military service and granted service connection.

The Board has reopened the veteran's claim for service connection for post-operative residuals of laminectomy due to new and material evidence submitted since the prior final denial in December 1982. The VA will schedule a medical examination to determine if the current low back disability is related to service.

The Board has remanded the case for further development and readjudication due to conflicting opinions on whether the veteran's current back condition is related to his service or if it was aggravated by a pre-existing non-service-connected condition.

The Board denied service connection for joint pain and a skin condition, finding no evidence of chronic disability due to an undiagnosed illness or direct service connection.