Back / lumbar spine decisions — 2008

The Board has determined that the veteran's low back disability does not warrant a rating in excess of 20 percent under any applicable criteria, and his claim for an increased rating for bronchial asthma is also denied.

The Board finds that the preponderance of the medical and other evidence of record is against a finding that the veteran currently has chronic disabilities of the left shoulder, low back, and/or head (to include headaches) that were incurred in or aggravated by active service.

The Board found that there is no evidence of a chronic back disability in service or within one year post-service, and the veteran's current back issues are not related to his military service. The claim for service connection was denied.

The Board has remanded the case for additional development, including a VA examination to determine if the veteran's lumbar spine disability is related to service. The initial evaluation for cervical strain with secondary muscle tension headaches remains unchanged.

The veteran's claim for an earlier effective date for special monthly compensation at the housebound rate was denied as he did not have a single service-connected disability rated at 100 percent disabling with additional service-connected disabilities independently ratable at 60 percent, nor was he shown to be substantially confined to his home by reason of his service-connected disabilities prior to October 27, 2003.

The veteran's thoracolumbar spine disability is being remanded for additional development, including obtaining relevant medical records and providing the veteran with a VA examination to determine if his current condition began during service or is related to any incident of service.

The Board granted a rating of 20 percent for the veteran's mechanical low back pain, effective March 5, 2008.

The veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on need for regular aid and attendance of another person or due to being housebound.

The Board has determined that the veteran's current low back disorder is a result of his active service, and grants service connection for this condition.

The veteran's low back disability, including degenerative joint disease, is not manifested by pronounced intervertebral disc syndrome, ankylosis of the entire thoracolumbar spine, or incapacitating episodes requiring bed rest prescribed by a physician. Therefore, his claim for an initial rating higher than 40 percent for his lumbosacral spine disability has been denied.

The Board found no medical evidence linking the veteran's current knee and lumbar spine disabilities to his military service, thus denying his claim for service connection.

The Board denied the veteran's claims for service connection for various conditions, including colon cancer, bladder cancer, prostate cancer, prostatitis, and a lumbar spine disability. The decisions were based on lack of evidence linking these conditions to his military service or herbicide exposure.

The veteran's claim for a higher rating for his lumbosacral strain is being remanded due to the need for additional development, including obtaining Social Security Administration records and scheduling a VA examination.

The Board denied the veteran's claims for increased ratings for his lumbosacral spine, bilateral knee, vertigo, hearing loss, and eye scarring conditions. The evidence did not support a higher rating under the applicable diagnostic codes.

The Board of Veterans' Appeals has remanded the case for additional development, including obtaining updated VA medical records and arranging for a new VA examination to assess the severity of the veteran's service-connected low back strain with radiculopathy.

The Board has determined that a VA examination is necessary to determine the current nature of the claimed low back disorder and whether it is at least as likely as not related to service. The veteran's claim for service connection for a low back disability remains pending.

The Board denied the veteran's claims for service connection for headaches, increased ratings for his low back and knee disabilities, and an initial compensable rating for the residuals of a tonsillectomy.

The Board found that the veteran does not have a current low back, psychiatric, or cardiovascular disorder that is related to her active service. The evidence did not support granting service connection for any of these conditions.

The veteran's claims for service connection for right knee disability, left knee disability, and low back pain are being remanded due to the need for additional medical examination.

The veteran's initial claim for higher ratings for his low back disability and radiculopathy of the lower extremities was denied. The RO/AMC increased the rating for the low back disability to 40 percent effective August 10, 2006, but denied any higher ratings prior to that date or for the right and left lower extremity radiculopathies.