Back / lumbar spine decisions — 2007

The Board has determined that the veteran's low back disability is less likely as not caused by his service-connected bilateral pes planus, and thus denied the claim for secondary service connection.

The Board has determined that the veteran's back disability is service-connected, with no specific date provided.

The Board found that the veteran's low back disability with arthritis existed prior to service and was not aggravated by active duty. As a result, the claim for service connection is denied.

The veteran's traumatic spondylolisthesis L5-S1 with degenerative disc disease is rated at 60 percent, the highest available rating under the applicable VA rating criteria.

The Board has granted service connection for right shoulder impingement bursitis and an initial evaluation of 10 percent for degenerative disc disease of the cervical spine, effective from April 18, 2005.

The veteran is seeking service connection for his current low back and left hip conditions as secondary to his service-connected left leg disability. The Board has ordered additional development of the record, including obtaining opinions from the veteran's private orthopedic surgeon and SSA records.

The veteran has withdrawn his appeal for an increased rating of his lumbosacral strain, and the Board dismisses this appeal.

The Board has determined that the veteran's low back, left knee, and left hip disorders are not service connected as they are not related to his active duty service. The claims for secondary service connection have been denied due to lack of evidence showing a direct relationship between the service-connected right knee disorder and the claimed conditions.

The veteran's low back disability was previously rated at 10 percent, but a higher rating of 30 percent is granted effective July 28, 2005.

The Board has reopened the veteran's claim for secondary service connection for degenerative joint disease and degenerative disc disease of the lumbar spine, finding new and material evidence. Service connection is granted.

The Board has ordered the VA to obtain the veteran's service medical records and request an examination. The appeal will be held in abeyance until these actions are completed.

The Board denied the veteran's claims for service connection for various conditions, including headaches, traumatic brain injury (TBI), a psychiatric disability to include PTSD, bilateral shoulder disability, lumbar strain, and cervical strain. The decision also denied his request for an increased rating for tinnitus.

The veteran's claims for degenerative disc disease and PTSD were remanded due to the need for further evaluation. The hearing loss claim was denied as there is no current disability meeting the criteria for a compensable evaluation.

The Board denied the veteran's request for an effective date earlier than September 16, 2004 for a 40 percent rating for her low back disorder. The evidence did not show an increase in severity of the service-connected condition to warrant such an increased rating prior to that date.

The veteran seeks service connection for chronic low back pain, degenerative disc disease (DDD) of the lumbosacral spine, and mid-lumbar scoliosis. The Board has determined that a remand is necessary to obtain an orthopedic examination to determine the nature and etiology of her current low back condition.

The Board found that the veteran's low back disorder, including strain, sprain, and/or disc disease, was not related to service. Arthritis was also not shown within one year of separation from service.

The Board denied increased ratings for the veteran's service-connected degenerative arthritis of the lumbar spine and cervical spine, as well as a compensable rating for tinea cruris. The claim to reopen a claim for service connection for oligospermia/infertility was also denied.

The veteran's lumbar canal stenosis, status-post decompressive laminectomies and bilateral foraminotomies at the L4-5 is rated at 40 percent effective March 10, 2006. His bilateral hearing loss has a zero percent rating since his claims were filed in 1998. The veteran's PTSD is rated at 30 percent effective June 9, 2006.

The Board has determined that the veteran does not have a current disability related to his service for any of the conditions he is claiming. The claims are therefore denied.

The veteran's claim for a higher rating for his service-connected degenerative disc disease, L5-S1, is being remanded due to the need for clarification on whether VA complied with its duty to assist and for additional development including medical examinations.