Back / lumbar spine decisions — 2008

The veteran is seeking service connection for a low back disorder, which he claims was caused by an in-service injury. The Board has ordered additional development to include obtaining medical records from the Hott-Kroc Clinic and scheduling a VA examination.

The Board found that the veteran's back disability, including degenerative disc disease and lumbar strain, was not related to his military service or any event in service.

The veteran's claim for an increased rating for his service-connected cervical spine disability is being remanded due to the need for additional evidence and procedural development, including a VA examination and consideration of the previous criteria for rating cervical spine disabilities.

The Board denied the veteran's request to reopen his claim for service connection for a back disorder, finding that no new and material evidence had been presented.

The Board denied the veteran's claim for service connection for residuals of brain stem poisoning, as a result of exposure to an herbicide agent. The evidence did not show any current disability or in-service injury related to this condition.

The Board has determined that the veteran's claimed left knee, right knee, and low back disorders are not service-connected as they did not manifest during active duty or were not aggravated by service.

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

The Board finds that the veteran's low back disability is not related to his military service and does not meet the criteria for secondary service connection based on a pre-existing cervical spine disability. The VA examiner ruled out any causal relationship between the current low back disorder and service or a service-connected condition.

The Board denied service connection for various conditions, including a head disability (to include headaches), low back disability, cervical spine disability, shoulder disability, and hearing loss. The reasons were not provided in the given text.

All claims for increased ratings and service connection are denied. The effective date of the 10 percent rating for lumbosacral strain is set at June 26, 2002. Tinnitus is already rated at its maximum under Diagnostic Code 6260.

The Board found that the veteran's sinus condition was incurred during service and granted service connection. The claim to reopen his low back disability was denied as new and material evidence had not been submitted.

The Board has denied the veteran's claims for increased ratings for his service-connected lumbosacral strain, right and left chondromalacia patella, and Achilles tendonitis. The evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.

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

The veteran's claim for increased ratings for lumbosacral strain was denied as his condition did not meet the criteria for higher ratings under VA rating criteria.

The Board has remanded the veteran's claim for a lumbar spine condition due to conflicting evidence regarding whether his current condition is related to service or post-service injuries. A VA examination is needed to determine if any current lumbar spine condition is attributable to military service.

The Board found that the veteran does not have a low back disability related to service and denied his claim.

The Board has granted service connection for left ear hearing loss and denied service connection for right ear hearing loss, asbestosis, back disorder, and hypertension. Service connection is granted for left ear hearing loss due to in-service noise exposure. Right ear hearing loss, asbestosis, and back disorder are not related to military service. Hypertension was diagnosed during the appeal period.

The veteran's claim for a total disability rating due to individual unemployability (TDIU) from November 4, 2004 to December 13, 2006 was denied as she did not meet the percentage requirements for TDIU under 38 C.F.R. § 4.16(a).

The Board has determined that the veteran does not have a current diagnosis of peripheral neuropathy and his claims for hearing loss, arthritis of the lumbar spine, and coronary artery disease are denied as they are not related to service. The claim for service connection for peripheral neuropathy is dismissed.

The veteran's appeal is being remanded for further development of his claims, including obtaining medical records and scheduling a VA examination. The issues are an increased rating for post-operative lumbar laminectomy with advanced DDD and service connection for bilateral lower extremity paresthesias secondary to the service-connected condition.