Back / lumbar spine decisions — 2007

The veteran's appeal is being remanded for further development, including obtaining VA and SSA records, and for consideration of the pre- and post-2002 criteria for evaluating spine disorders.

The veteran's claims for service connection for degenerative joint disease of the thoracic spine, arthritis of the right hand, and arthritis of the right elbow were denied. The remaining issues are not addressed in this decision.

The Board has determined that the veteran's current low back and left knee disabilities were not incurred or aggravated during military service, nor may they be presumed to have been incurred therein. The claims for service connection are therefore denied.

The Board found that the veteran's current back disability is not related to service and denied his claim. The issue of reopening a previously denied gastrointestinal disorder claim was also addressed, but the evidence did not raise a reasonable possibility of substantiating the claim.

The Board has determined that the veteran does not have a currently diagnosed low back disability and therefore, service connection for this condition is denied. The increased ratings for chondromalacia of the right knee and psoriasiform dermatitis are also denied.

The Board denied service connection for arterial hypertension as there was no evidence of a current disability and the veteran did not have diastolic blood pressure predominantly 90 mm. or greater within one year post-service.,The Board denied service connection for disease of the lumbar spine with radiculitis of the lower extremities (claimed as numbness of the right leg) as there was no evidence that the condition is related to service.

The veteran's tinnitus disability is rated at the maximum allowable under VA regulations.,His bilateral hearing loss does not warrant a compensable rating based on current VA criteria.,Residuals of removal of foreign objects from his left eye do not meet the criteria for a compensable rating.,There is no evidence to support service connection for a gastrointestinal disability or low back disability.,The veteran's low back and gastrointestinal disabilities are not related to his active duty service.

The veteran's claim for increased ratings for his service-connected low back strain, degenerative disc disease of the lumbar spine; status post T-4 through S-1 fusion surgery is being remanded due to incomplete medical records and need for a current VA examination.

The Board found that the veteran's pre-existing back condition (DDD with spondylolisthesis and right lateral cutaneous nerve dysfunction) was aggravated by his active duty service, and also found that his pre-existing asthma existed prior to service but worsened during service. Therefore, both conditions are granted as secondary to service.

The Board denied the veteran's request to reopen his claim for service connection for a low back disorder and found that he did not meet the criteria for basic eligibility for non-service-connected disability pension benefits.

The Board has granted a 10 percent disability rating for hypothyroidism and a 20 percent disability rating for chronic low back pain secondary to lumbar spondylolisthesis, effective from November 1, 2000.

The Board found that the veteran's low back disability was not incurred in or aggravated by active military service and is not proximately due to or the result of any service-connected disability.

The veteran's appeal is being remanded for additional development of her VA medical treatment records related to her service-connected low back disability.

The Board denied the veteran's claims for increased ratings for low back strain, hiatal hernia, and residuals of tonsillectomy. The veteran's low back disability is currently rated at 40 percent, which is the maximum rating available under the old criteria. The hiatal hernia is rated at 10 percent. Residuals of the tonsillectomy are not shown.

The Board has denied the veteran's claim for service connection for degenerative disc disease, finding that there is no medical evidence linking his current condition to his military service.

The veteran's claims for increased evaluations of his left knee disability, service connection for a lumbar spine disability, and bilateral hearing loss were all granted. The left knee disability is rated at 20 percent since September 16, 1997, with the highest rating allowed under VA regulations.

The veteran's appeal is being remanded for further development, including a VA examination to assess the impact of her service-connected disabilities on her employment capabilities.

The Board denied service connection for a low back disorder and left knee disability with fragment wounds to the leg, finding no evidence of a nexus between these conditions and service or any service-connected disabilities.

The Board has remanded the case for further development and consideration, including obtaining additional medical records from SSA and ensuring compliance with VCAA requirements.

The veteran is seeking an earlier effective date for a higher disability evaluation of his service-connected low back disorder. The RO has not yet addressed the issue and needs to provide proper VCAA notice.