Back / lumbar spine decisions — 2008

The Board denied service connection for a low back disability in 1988, finding that the condition pre-existed service and was not aggravated by it. The veteran submitted new evidence since then but this evidence did not establish that the condition either did not pre-exist service or was aggravated during service.

The Board has determined that new and material evidence sufficient to reopen the veteran's previously denied claim for service connection for a back disability has been received, and it is granted.

The Board has granted service connection for degenerative joint disease of the lumbar spine and polymorphous light eruption (PMLE) of the skin. The hip disability and left kidney condition are denied as not incurred in or aggravated by service.

The Board denied the veteran's claim for an increased evaluation of his service-connected lumbar fusion with screw fixation and bone graft at L5-S1, finding that a rating in excess of 40 percent is not warranted as of May 1, 2002.

The Board found that the veteran's current lumbosacral spinal stenosis with degenerative disc disease and degenerative joint disease is not related to his active military service, thus denying his claim for service connection.

The Board has ordered a remand to obtain an addendum to the November 2007 VA examination report which addresses whether it is more likely than not that the cervical and lumbar strain noted in the examiner's report was acquired when the veteran jumped out of a vehicle while on active duty for training in 1998, as opposed to when he was involved in a January 1999 post-service truck accident.

The Board has determined that the veteran's back disorder is not related to his military service and therefore denied his claim for service connection.

The veteran's service-connected disabilities (degenerative disc disease of the lumbosacral spine and colitis with gastritis and rectal bleeding) are considered to be of common etiology, resulting in a combined rating of 60 percent. This meets the percentage requirement for TDIU under 38 C.F.R. § 4.16(a). The veteran's unemployability is established due to his service-connected disabilities.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for a low back disability, which is now granted as secondary to his service-connected bilateral pes planus.

The Board denied the veteran's claims for higher ratings for bilateral hearing loss and PTSD. The initial non-compensable rating for bilateral hearing loss was maintained, while a 10 percent disability rating for PTSD from May 13, 2002 to September 26, 2007, and an increased rating of 50 percent or more for PTSD from September 27, 2007 were denied.

The Board has determined that the issues are more accurately characterized as claims for service connection for a back injury, 'depression (previously claimed as dysthymia)', PTSD, and a right knee/leg injury. The case is REMANDED to the RO via the Appeals Management Center (AMC) in Washington, DC.

The Board found that the veteran's current back disability was not incurred in or aggravated by service and denied his claim for service connection.

The veteran's claim for an initial disability rating in excess of 20 percent for degenerative arthritis of the lumbar spine is being remanded due to the need for additional development, including obtaining SSA records and scheduling a VA examination.

The Board has determined that the veteran's service-connected disabilities render him unable to secure or follow substantially gainful employment, and thus grants a TDIU.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for a cervical spine disorder. However, the claim was denied as there is no evidence showing a direct or secondary relationship between his current cervical spine disorder and his active service.

The veteran's cervical spine disability is rated at 30 percent, effective prior to December 11, 2006. The claim for a higher rating is granted.

The veteran's lumbosacral strain-myositis and cervical strain-myositis were rated at 20 percent and 10 percent, respectively. The Board found that a higher rating was not warranted for either condition based on the evidence of record.

The Board has remanded the case due to incomplete records and a need for an examination. The veteran's low back disability is being evaluated further.

The Board has remanded the case due to the need for a VA examination to determine if the veteran's cervical spine disability had its onset during service.

The Board has reopened the veteran's claim for service connection for a back disability due to new and material evidence submitted since the last denial in March 1955. The claim is now pending for further review.