Back / lumbar spine decisions — 2008

The veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for gastrointestinal ulcers and chronic low back pain with degenerative disc disease, arthritis, scoliosis, and numbness of the right leg that allegedly resulted from VA hospitalization or treatment. He also seeks a rating in excess of 30 percent for left ulnar neuropathy. The case is being remanded to allow further development.

The Board has denied the veteran's claim for service connection for arthritis, finding that there is no evidence linking his current conditions to his military service.

The veteran's appeal has been withdrawn, and as such the case is dismissed.

The Board denied service connection for the veteran's right leg condition and low back condition, finding that these conditions are not related to service or a service-connected disability.

The Board found no evidence of a back disability during service or for many years thereafter, and thus denied the claim for service connection.

The Board found that the veteran's left foot disorder, including plantar fasciitis and degenerative changes, was not incurred in or aggravated by active service. The low back disorder was also not shown to be related to the veteran's active service.

The veteran's service-connected lumbosacral strain is currently rated at 10 percent, and the claim for service connection for irritable bowel syndrome has been granted.

The Board denied increased disability ratings for the veteran's service-connected right knee arthroscopy, low back strain with degenerative changes, and left ankle arthritis.

The veteran is seeking to have his service connection for lower back degenerative disc disease restored. The VA has not obtained all relevant medical records and needs to do so before deciding the case.

The claims of service connection for a low back disability and prostatitis were denied as new and material evidence was not presented. The claim for secondary service connection for vision disability is pending, the claim for migraine headaches was denied, the claim for skeletal disability (other than a low back disability) was denied, and the initial compensable rating for bilateral hearing loss was denied. The retroactive pension payment calculation was also denied.

The Board has determined that additional development is needed to determine the veteran's employability prior to May 7, 2007 and whether his current degenerative disc disease and degenerative disc desiccation are related to service. The case will be returned for further action.

The veteran's claim for SMC based on housebound status is granted as of July 1, 2006. The earlier effective date request for July 29, 2004 is denied.

The veteran's claim for an initial, compensable rating for low back strain was granted and a 10 percent rating was assigned effective September 16, 2005.,Claims for service connection for tendonitis in the right wrist, tendonitis in the left wrist, and pes planus were denied.

The Board has determined that the veteran's current low back disability is at least as likely as not related to his active duty service, and thus grants service connection for this condition.

The Board found no evidence of a current back condition and denied the veteran's claim for service connection.

The veteran's appeal is denied as he does not meet the eligibility criteria for CHAMPVA benefits due to his noncompensable service-connected disability and a 100% evaluation based on a service-connected condition.

The Board has granted the temporary total evaluations for surgeries related to service-connected residuals of fracture of the right arm. The claim for increased rating for chronic low back pain with degenerative arthritis is remanded.

The Board denied the veteran's claims for service connection for residuals of a left ring finger injury and lumbosacral strain (claimed as mechanical low back pain), as well as his increased rating claims for GERD, chronic sinusitis, patellar tendonitis of the left knee, and patellar tendonitis of the right knee.

The Board found that the veteran's lumbar spine disability was not entitled to a higher rating for the period from April 12, 2005, to May 17, 2007. For the period on and after May 18, 2007, the disability warranted a 40 percent evaluation.

The veteran's claims for service connection were granted, and effective dates of June 19, 2006 were assigned. The appeals for earlier effective dates are denied.