Back / lumbar spine decisions — 2007

The Board has determined that the veteran's lumbar spine disability is not related to service and therefore denied his claim for service connection.

The Board has determined that the veteran's low back disability and tinnitus were not incurred as a result of an injury or disease during active service. However, the veteran's bilateral hearing loss was found to be related to noise exposure during active service.

The Board has determined that additional development is needed to determine the nature and etiology of the veteran's degenerative disease of the lumbar spine and hepatitis C, including reviewing his service records for drug use and any sexual contact in Thailand. The case will be returned to the Appeals Management Center (AMC) for further action.

The Board has determined that the veteran's muscle tension headaches do not warrant a compensable rating, and his low back disability does not meet or approximate the criteria for a higher than 20 percent evaluation.

The veteran seeks special monthly pension based on non-service connected disabilities, specifically degenerative disc disease of the cervical spine and low back pain. The case is remanded for a VA examination to determine if these conditions render him so helpless as to require aid and attendance or permanently housebound.

The VA denied a rating in excess of 60 percent for the veteran's service-connected back disability, finding that the current evaluation adequately compensates his condition.

The veteran's claims for increased evaluation and service connection were denied. The initial evaluation for right knee total arthroplasty with arthritis was not granted as greater than 30 percent, and the low back disorder was found to be secondary to a preexisting condition.

The Board has denied the veteran's claims for service connection for right hand arthritis, right knee arthritis, and residuals of lumbar fracture. The claim for a compensable rating for calluses of both feet was withdrawn by the veteran before a decision could be made.

The veteran's lumbosacral strain (low back disorder) and patellofemoral syndrome of the left knee have been granted service connection. The veteran's greater trochanteric bursitis of the left hip has been denied, as well as her initial disability rating for psoriasis which was granted from March 10, 2004 to May 12, 2005 and then again from May 13, 2005 to April 13, 2006. The veteran's residuals of surgical repair of a Morton's neuroma of the left foot have also been granted service connection.,The veteran's psoriasis has been granted service connection but her initial disability rating is denied as it does not meet the criteria for a higher than 10% rating.

The veteran's claims for increased ratings were denied, but service connection was granted and a non-compensable rating was assigned for the left knee condition. The right knee condition received a 20% rating effective May 21, 2003. Service connection was also established for lumbosacral strain and sprain with no compensable rating.

The veteran's appeal is being remanded to the RO for a Board hearing at the RO. The issues of service connection are pending.

The Board has determined that the veteran's current lumbar spine disorder is not related to his service, and thus denied his claim for service connection.

The veteran's claim for an increased rating for her service-connected low back injury is being remanded to obtain additional medical records and to provide the veteran with VA examinations to assess the severity of her disability.

The Board has reopened the veteran's claim for service connection for a back disorder due to new and material evidence. However, it is determined that her current back disorder was not caused by her active duty service or related to her service-connected knee or foot disabilities.

The veteran's service-connected temporomandibular joint dysfunction is currently rated as noncompensable, and the evidence does not support a higher rating.

The Board has determined that the veteran's right knee disorder, psychiatric disability (including PTSD), and tinnitus are not service-connected.

The veteran's claims are being remanded due to the introduction of additional medical evidence and a need for further examination. The RO will consider these new documents and re-adjudicate his service connection and rating claims.

The Board denied the veteran's claims for service connection for a bladder disability, an initial evaluation in excess of 40 percent for lumbar strain with degenerative changes, and an evaluation in excess of 10 percent for dislocation of the left patella. The effective dates were not specified.

The veteran's appeal is being remanded for additional development, including obtaining treatment records and arranging for VA examinations to assess the severity of his cervical spine and thoracolumbar spine disorders.

The Board denied the veteran's claims for service connection for a back disability and residuals of a gunshot wound to the left fourth finger, finding that the preexisting fracture of the left ring finger existed prior to service and was not aggravated by active service.