Back / lumbar spine decisions — 2008

The Board has remanded the case due to inadequate opinion regarding the relationship between the veteran's back disability and his military service. Additional VA examination is required.

The Board has determined that the veteran's post-surgical lumbar stenosis is related to events during service and grants service connection for this condition.

The Board has determined that the veteran's hepatitis C was not incurred in service and her cervical and lumbar spine disabilities were not incurred or aggravated by service. The claims are therefore denied.

The veteran's appeals for a compensable evaluation for service-connected lumbosacral and cervical spine strain, non-service-connected pension benefits, and service connection for a rash have been withdrawn. The issue of entitlement to a compensable evaluation for the laceration of the 4th and 5th fingers of the left hand is dismissed.

The Board has denied the veteran's claim of service connection for lumbosacral strain, finding that there is no competent medical evidence to show a causal nexus between any aspect of service and the veteran's current condition.

The Board found no current disability related to service for pseudotumor cerebri, headaches, tinnitus, or low back pain. Therefore, the veteran's claims for these conditions were denied.

The Board denied the veteran's claims for increased disability ratings for his service-connected prostatitis, low back pain with degenerative changes, tinea pedis of the right foot, and multiple verruca of the pubic and crural areas.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for cracked cervical vertebrae with neuropathy of the right upper extremity. The veteran's current degenerative disc disease of the lumbar spine is not etiologically related to active duty service.

The Board denied the veteran's claims for service connection for a back disorder and reflex sympathetic dystrophy, to include as due to exposure to herbicides. The decision found no new and material evidence since the last denial in April 1994.

The Board has determined that additional development is necessary to properly adjudicate the veteran's claims for service connection.

The Board has determined that the veteran's current low back disability is related to an injury sustained in service lifting sandbags, and his digestive disorders are related to active service. Service connection for both conditions is granted.

The veteran's disabilities do not render him in need of regular aid and attendance or permanently housebound, thus his claim for special monthly pension is denied.

The Board has determined that the veteran's current low back disorder, including a compression fracture, was not incurred or aggravated during service and is unrelated to any in-service injury. The claim for service connection is denied.

The veteran's service connection claims for various conditions, including diabetes mellitus type 2 and hearing loss, are granted based on presumed exposure to herbicide agents during his Vietnam-era service.

The Board denied the veteran's claims for increased ratings and compensable ratings for his disabilities, finding that the evidence did not meet the criteria for higher disability ratings under VA regulations.

The Board denied the veteran's claims for increased evaluations for his lumbosacral spine disability, finding that the evidence did not meet the criteria for a higher evaluation prior to December 26, 2006 and from December 26, 2006.

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

The case is being remanded for further development, including obtaining SSA records and scheduling a VA examination for the veteran's bilateral hearing loss disability. The service connection issues will be readjudicated after this additional development.

The Board has granted service connection for a low back disability secondary to the veteran's service-connected bilateral flatfeet. The veteran's bilateral hip disability is not service connected.

The veteran's claims for increased ratings were granted with effective dates of September 2, 2004.