Back / lumbar spine decisions — 2008

The veteran's claims for higher ratings for his deviated septum, allergic rhinitis, and degenerative disc disease of the lumbar spine were denied. The evidence did not meet the criteria for a compensable rating under the applicable diagnostic codes.

The veteran's claim for an increased evaluation of his service-connected lumbosacral strain was granted, and he is now receiving a 20 percent rating effective April 1, 2004.

The veteran is found to be so nearly helpless as to require the regular aid and attendance of another person, meeting the criteria for special monthly pension based on need for regular aid and attendance.

The veteran's claims for increased evaluations for his service-connected lumbar spondylosis with strain and right knee strain, status post reconstruction are being remanded to the RO for additional development.

The Board denied the veteran's claims for an earlier effective date for a 40 percent rating for his low back disability and service connection for leukemia, including as secondary to herbicide exposure.

The Board denied the veteran's claims for service connection for arthritis and pneumonia, as well as his request for an increased rating for residuals of rheumatic fever. The decision also noted that a heart murmur was not incurred in or aggravated by active service.

The Board denied service connection for a right thumb disability, right knee arthralgia and gout, right eye glaucoma, and DDD of the lumbar spine as there is no evidence of an in-service injury or chronic condition that could be linked to these disabilities.

The veteran's appeal is being remanded for additional development, including a new examination of her GERD and an evaluation by a physician knowledgeable in fibromyalgia.

The Board has determined that the veteran does not have current disabilities for which service connection can be granted, and thus denied all claims of service connection.

The Board has determined that a VA examination is necessary to determine the current nature and etiology of the veteran's low back disability, which may be related to his military service. The case will be returned for further development.

The veteran's service-connected degenerative disc disease at C4-7 with osteophytes post operative fusion is not manifested by unfavorable ankylosis of the entire spine, and thus does not warrant a higher disability rating.

The Board found no evidence linking the veteran's current low back disorder to his active service and determined that it was not incurred or aggravated by service. The examiner concluded that the condition is more likely secondary to a 1979 elevator accident, which occurred after the veteran left military service.

The veteran's claim for service connection for arteriosclerotic heart disease was denied. The claims for bilateral hearing loss and tinnitus were not related to service or a service-connected disability, while the PTSD claim was granted.,The claims for depression and low back disorder were reopened but not granted.

The Board has reopened the veteran's claim for service connection for a low back disorder due to new evidence submitted since the previous denial. However, the Board denied the underlying claim as there is no evidence of a chronic condition in service or continuity of symptoms post-service.

The Board has ordered a remand for additional development, including obtaining medical opinions and records to determine if the veteran's current back disability is related to his in-service injury.

The Board denied the veteran's claims for higher initial ratings for his thoracic spine disorder, finding that the current evaluations of 20 percent and 40 percent are appropriate based on the severity of his disability as per the applicable rating criteria.

The Board has remanded the case for further development, including scheduling a VA neurology examination to identify any objective neurologic abnormalities associated with the veteran's service-connected cervical, thoracic, and lumbar spine disabilities.

The Board has determined that the veteran's low back disability was not incurred during active service and may not be presumed to have been incurred in such service. The preponderance of evidence does not support a finding that the condition is related to his military service.

The VA determined that the veteran's back disorder is not related to his military service and denied his claim.

The Board has determined that the veteran's lower back disability warrants a 40 percent rating, reflecting severe intervertebral disc disease with recurring attacks and intermittent relief.