Back / lumbar spine decisions — 2007

The Board has determined that the veteran's current low back disorder was not incurred in or aggravated by service, and therefore denied his claim for service connection.

The veteran's musculoligamentous strain of the lumbar spine has been rated at 10 percent since May 27, 2003. The Board found that his symptoms did not warrant a higher rating under any applicable diagnostic codes.

The veteran's service-connected low back disability, characterized as degenerative disc disease and degenerative joint disease of the lumbosacral spine, has been rated at 40 percent since March 17, 2007.

The VA determined that the veteran's low back disability with mild degenerative changes and narrowing of the lumbosacral disc spaces does not warrant an evaluation in excess of 20 percent.

The Board has determined that the veteran's right knee disability was not incurred in or aggravated by service, and is not proximately due to or the result of his service-connected left knee and back disabilities. As a result, the claim for service connection for a right knee disability is denied.

The Board has determined that the veteran's post-operative residuals of a fatty tumor on the back and his neck condition did not manifest during service or within one year thereafter, and are not related to any aspect of service. Therefore, service connection is denied.

The Board has determined that a combined rating in excess of 20 percent for left knee disability is not warranted based on the evidence showing mild instability and arthritis with painful motion.

The Board finds that the veteran's arthritis of the right fifth finger is due to an injury sustained during service and grants service connection for this condition. The Board also finds no evidence supporting a claim for other multiple joint arthritis, including back disability and fibromyalgia.

The Board denied reopening the veteran's claims for service connection of low back disorder, schizophrenia, and xerosis (rash). The claim for a compensable evaluation for hemorrhoids was also denied.

The Board has denied the veteran's claims for service connection for post operative residuals of a back disorder, left shoulder disability, tinnitus, and residuals of right perforated tympanic membrane. The veteran is seeking higher ratings for his service-connected bilateral hearing loss.

The veteran's appeal for increased ratings for his service-connected lumbar spine disability is dismissed as he has withdrawn the appeal. The lung cancer claim remains pending.

The Board has granted a 20 percent evaluation for service-connected bilateral hearing loss from January 2, 2006. The veteran's claim of service connection for a back condition is denied.

The Board has denied the reopening of claims for service connection for a cervical spine disorder and a low back disorder due to lack of new and material evidence.

The veteran's low back disability and sciatica have been rated, with the low back disability receiving a rating of 40 percent and sciatica receiving a separate 10 percent rating.

The Board has received new medical evidence and has decided to remand the case back to the Regional Office for further review of this evidence.

The veteran's discogenic disease of the lumbar spine is currently rated at 40 percent, and the Board finds that this rating adequately reflects his disability.

The Board has determined that the veteran does not currently have a diagnosed low back disability and therefore, service connection for this condition is denied.

The veteran's claims of service connection for hearing loss, left eye disorder, low back disorder, asbestosis, and left foot disorder were previously denied. New evidence submitted since the August 2001 rating decision has reopened these claims but does not establish service connection due to lack of current disability or medical causation.

The Board has remanded the case for additional development, including obtaining service medical records and treatment records from various facilities. The veteran's claim for service connection for a cervical and lumbar spine disorder will be reconsidered based on the new evidence.

The Board has determined that the veteran does not have any of the claimed conditions and therefore, service connection is denied for all issues.