Back / lumbar spine decisions — 2008

The veteran is service-connected for multiple conditions including lumbosacral strain with arthritis, left ankle sprain post-operative changes, fibromyalgia, hysterectomy and major depressive disorder. The VA has determined that the veteran's service-connected disabilities preclude her from walking without assistance, warranting specially adapted housing but not a special home adaptation grant.

The veteran's initial claim for a higher rating for his lumbar spine disorder was granted, but the RO increased it to 10 percent effective June 1, 2005. The case is now remanded due to insufficient evidence of current severity and potential neurological impairment.

The veteran's service-connected traumatic osteoarthritis of the lumbar spine renders him substantially confined to his home, meeting the criteria for special monthly compensation based on being housebound.

The Board has determined that the veteran's current low back strain residuals and thoracic spine disorder, claimed as mid-back pain, are not related to her active military service.

The Board has determined that the veteran's current left knee and low back disorders are not proximately due to or the result of his service-connected right knee disorder, and thus denied both claims.

The veteran's claimed disabilities are not service-connected due to lack of evidence showing a connection between his current conditions and his military service.

The Board has determined that the veteran does not have a chronic sinus disorder, allergies, rash on the face, arms, and chest, leg cramps, or low back disability that is related to his service. As such, these claims for service connection are denied.

The veteran's service-connected disabilities do not meet the criteria for a TDIU based on their combined rating of 60 percent, and his employment difficulties are attributed to factors unrelated to his service-connected conditions.

The Board has remanded the case for additional development due to a recent Court order, including reviewing the March 2008 private medical opinion and considering all evidence of record.

The Board has remanded the case for additional development due to procedural defects in the VCAA notice.

The veteran's claims for service connection for hearing loss, tinnitus, and a back condition have been denied as there is no current diagnosis of these conditions or evidence linking them to service.

The Board granted an increased rating of 40 percent for the appellant's service-connected status-post lumbar vertebral fracture, low back syndrome. The initial rating for hepatitis C remains at 10 percent.

The veteran's claim for an increased evaluation for his service-connected degenerative joint and disc disease of the thoracolumbar spine is being remanded due to the need for additional development, including a VA social and industrial survey and orthopedic examination.

The Board has determined that the veteran's low back strain with degenerative changes warrants a 40 percent rating, effective from September 26, 2003.

The veteran's claim for service connection for degenerative joint disease of the lumbosacral spine with spondylosis and post-laminectomy syndrome is being remanded due to incomplete service medical records and further development needed.

The Board has remanded the case for further development, including obtaining VA treatment records from Port Charlotte VA Primary Care Clinic. The veteran's claim of service connection for a low back disorder is pending.

The Board denied the veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, as his service-connected conditions do not meet the criteria for a TDIU.

The Board has determined that the veteran's PTSD and back disability are not service-connected due to lack of evidence linking these conditions to his military service.

The Board denied the veteran's claim for service connection for a lumbar spine disorder, including HNP, DDD, and spondylosis at L5-S1. The Board found that there was no evidence showing a chronic low back disability present in service or for many years thereafter, and it concluded that any such condition is not related to military service.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for low back disability. However, the claim is denied as there is no evidence of a chronic disability in service or within one year after discharge, and the current low back disability is not etiologically related to military service.