Back / lumbar spine decisions — 2008

The veteran is seeking service connection for a back disability, which he claims was caused or aggravated by his service-connected bilateral foot drop disabilities. The Board has requested additional medical opinions to determine the nature and etiology of the veteran's current back disability.

The Board found that the veteran's chronic back disability was not incurred in or aggravated by his active military service and denied both claims.

The Board denied reopening the claim for service connection for a chronic back disorder with hypesthesia of the lateral legs due to lack of new and material evidence.

The Board denied service connection for anxiety disorder/major depressive disorder, back disorder, and COPD/emphysema as there was no evidence of a current disability or in-service event that could be linked to these conditions.

The Board has determined that the veteran does not have a current hearing loss disability as defined by VA regulations and therefore, service connection for bilateral hearing loss is denied.,There is no competent medical evidence linking the veteran's tinnitus to his military service. The claim for service connection for tinnitus is also denied.

The Board has remanded the case for additional development due to incomplete service medical records and a need for a VA examination.

The Board found that the veteran's low back disorder was not incurred or aggravated by active duty service and denied his claim.

The Board has determined that new and material evidence has been submitted to reopen the appellant's claim of entitlement to service connection for a lumbar spine disorder. The evidence supports a finding that any chronic acquired lumbar spine disorder, including degenerative disk disease, had its onset during the appellant's active service.

The Board has granted a 40 percent disability rating for the veteran's service-connected intervertebral disc syndrome of the thoracic and lumbar spine, effective from April 30, 2004.

The Board has remanded the case for further development, including a medical examination and opinion regarding the veteran's back disorder.

The Board has determined that the veteran's left knee disorder is secondary to his service-connected right knee disability and granted service connection for this condition. However, there is no persuasive medical evidence showing a direct link between his lumbar spine disorder and his service-connected right knee disability.

The veteran's low back disorder status post discectomy was denied increased ratings in excess of 10 percent prior to November 28, 2005 and in excess of 20 percent beginning on that date.

The Board has determined that the veteran's lumbar spine disorder warrants a rating of 40 percent, effective February 1, 2001. The issues regarding service connection for alcoholism and residuals (including peripheral neuropathy, hepatitis, and pernicious anemia) as well as left ankle disorder and depression have been withdrawn by the veteran.

The veteran's claims for service connection are being remanded due to incomplete records from his reserve service and the need for addendums to VA examination reports.

The veteran seeks service connection for various conditions, and the Board has determined that a remand is necessary to obtain additional development of his claims.

The veteran's low back disability is rated at 60 percent, effective September 23, 2002. The claim for an increased rating for the low back disability was granted.

The veteran's combined disability rating is 20% due to degenerative joint disease of the lumbar spine and hypertension. The RO determined that he does not meet the criteria for a permanent and total disability evaluation for pension purposes.

The Board has determined that the veteran does not have current disabilities related to his claimed conditions, and therefore, service connection cannot be established for residuals of malaria, hypertension, back injury, or rash as a result of exposure to herbicides. The claim for bilateral hearing loss is also denied.

The VA has denied the veteran's claims for increased ratings for his service-connected chronic low back strain with osteoarthritis and left S1 radiculopathy, finding that the evidence does not meet the criteria for a higher rating under the applicable diagnostic codes.

The veteran's appeal is remanded to the RO for additional development, including obtaining medical records and considering his claim for total disability rating based on individual unemployability (TDIU).