Back / lumbar spine decisions — 2008

The veteran's nonservice-connected disabilities do not meet the criteria for special monthly pension by reason of being housebound or needing regular aid and attendance.

The veteran's appeal is being remanded for further development, including obtaining medical records and providing the veteran with a VA examination to assess his service-connected disabilities.

The Board has remanded the case for further development and review, including consideration of new evidence related to the veteran's hearing loss claim.

The Board finds that the veteran's lower back disorder is not related to his active duty service or a service-connected disability, and thus cannot be granted as secondary to his left foot disability. The claim for direct service connection also fails due to lack of evidence of chronicity and continuity of symptomatology.

The veteran's appeal is being remanded due to the need for a personal hearing before a Veterans Law Judge at his local RO.

The veteran's disability rating for chronic low back strain was reduced from 20 percent to zero percent effective December 15, 2004. The Board found that the reduction was improper and restored the previous 20 percent rating.

The Board has remanded the case due to missing service medical records and a need for a nexus opinion between the veteran's current lumbar spine disability and his military service.

The Board has decided to remand the case for additional development, including obtaining service medical records and National Guard service records. The veteran's low back disability will be evaluated based on its relationship to his active duty service.

The Board has determined that additional medical evidence is needed to determine whether the veteran's bilateral pes planus was aggravated by service and whether his hip and back conditions are related to his pes planus or military service. The case is therefore REMANDED for further action.

The Board has granted service connection for hypothyroidism, bilateral cataracts, mechanical low back pain, and a left thumb cyst. The veteran's bilateral leg condition (shin splints) is not considered service-connected.

The veteran's service connection for residuals of a fractured left great toe and lumbosacral disability (retrolisthesis of L5 on S1) is granted. The effective date is not specified as the claim was already established.

The Board found that the veteran's bilateral hearing loss does not meet the criteria for a compensable rating, and his lumbar spine disability is rated at 20 percent under the General Formula for Diseases and Injuries of the Spine. The appeal was denied as there is no evidence of limitation of motion or ankylosis warranting higher ratings.

The Board denied the veteran's appeal because a timely Notice of Disagreement was not filed within one year after the RO issued its June 2003 rating decision.

The VA treatment on September 22, 2003 did not result in any additional disability to the veteran's left knee or lumbar spine. The Board finds that there is no evidence linking the veteran's current conditions to the VA procedure.

The Board has remanded the veteran's claims for service connection for bilateral anserine bursitis, low back strain, and bilateral plantar fasciitis due to insufficient evidence regarding their onset or relationship to active service.

The Board has determined that the veteran does not have a current disability of the central nervous system, asthma, or low back disorder that can be linked to service. The claims for these conditions are therefore denied.

The veteran's appeal for service connection for residuals of myocardial infarction has been withdrawn. The claim for an initial disability rating in excess of 10 percent for degenerative disc disease of the lumbosacral spine is being remanded for further development.

The veteran's claim for higher ratings for his degenerative joint disease of the lumbosacral spine was denied. He also claimed a TDIU, which was not addressed in this decision as it is separate from the rating issue.

The veteran's claim for a higher disability rating for his service-connected chronic lumbosacral strain with degenerative disc disease is being remanded due to the need for additional development, including obtaining medical records and information from SSA.

The Board denied the veteran's petition to reopen his previously denied claim of entitlement to service connection for lumbosacral strain and denied entitlement to service connection for a left shoulder disability. The TDIU issue was remanded.