Back / lumbar spine decisions — 2008

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

The veteran's PTSD and lumbosacral strain were denied increased ratings, while service connection for hepatitis C was also denied.

The Board has determined that the veteran does not have current diagnoses of a depressive disorder, anxiety disorder, back disorder, right knee disorder, left knee disorder, right ankle disorder, or left ankle disorder. The evidence does not support service connection for any of these conditions.

The Board denied the veteran's claims for service connection for bilateral knee disability, neck disability, back disability, depression (claimed with extreme nightmares related to a car accident), and refractive error (blurred vision). The reasons include lack of evidence linking these conditions to service or any other compensable basis.

The Board found that new and material evidence had not been submitted sufficient to reopen the veteran's claim of entitlement to service connection for a low back disability, as there was no medical evidence linking the current condition to service.

The Board has granted a 10 percent disability rating for the veteran's anterior lumbar antibody fusion residuals, effective April 1, 2003. The veteran's baseline back disability existed prior to his surgeries in March and April 2003.

The Board denied the veteran's claims for increased ratings for left ear hearing loss, degenerative disc disease (DDD), obstructive lung disease (OLD), and acne. The veteran was assigned non-compensable disability ratings for his left ear hearing loss and DDD, and a 10 percent rating for OLD. His claim for acne was denied.

The Board has determined that the veteran does not have a current diagnosis of residuals of a broken nose, right ankle disorder, or right knee disorder. The Board also found no evidence linking the veteran's current lumbar spine condition to service.,Service connection for residuals of a broken nose, right ankle disorder, and right knee disorder is denied as there is no medical evidence showing these conditions were incurred in or aggravated by service.

The case is being remanded for additional development, including a VA examination to determine the current nature of the veteran's claimed right wrist, thoracic spine, and lumbar spine disabilities. The RO will also adjudicate the issues of service connection for radiculopathy of the right and left lower extremities.

The Board has denied the veteran's claims for service connection for hearing loss, tinnitus, a low back disability, and bilateral hernia disabilities due to lack of evidence linking these conditions to his military service.

The veteran is factually housebound due to his service-connected PTSD with depression prior to September 28, 2005 and beginning July 1, 2006. Special monthly compensation based on housebound status has been granted.

The Board has determined that the veteran's current left ear hearing loss and low back disorder are not related to service, thus denying both claims. The veteran's left ear hearing loss is denied because there is no competent medical evidence showing a nexus between his in-service exposure and his current condition. His low back disorder is granted as it was incurred during active duty.

The VA determined that the veteran's low back sprain, muscle group XX, is currently rated at 20 percent and does not warrant a higher rating.

The Board has determined that new and material evidence has been received to reopen the veteran's claim for service connection of residuals of a back condition. The case is remanded for further development, including a VA examination.

The Board has determined that new and material evidence has been presented to reopen the claim of entitlement to service connection for a cervical spine disorder. The veteran's current cervical spine problems are related to his military service, raising a reasonable possibility of substantiating the claim.

The veteran's PTSD was initially rated at 30 percent prior to October 22, 2007 and has been increased to 50 percent effective October 22, 2007. The lumbar spine condition remains at a 20 percent evaluation.

The veteran's claim for a total disability evaluation based on individual unemployability was denied as he did not meet the schedular criteria for such an award.

The Board denied the veteran's claims for service connection for a lumbar back condition and a bilateral knee condition, finding that the evidence did not support his claim.