Back / lumbar spine decisions — 2008

The Board has reopened the veteran's claim for service connection of a chronic back disorder and granted it, finding that new evidence submitted since the last denial raises a reasonable possibility of substantiating her claim.

The Board found no evidence to support a direct link between the veteran's service-connected knee conditions and his current low back or gastric ulcer conditions. The veteran's claims were denied.

The Board found that the veteran's low back disability was not incurred in service, but granted service connection for residuals of left patella fracture with degenerative changes effective July 22, 2004. The decision also addressed the issue of an earlier effective date for the grant of service connection.

The veteran withdrew his appeal for a higher rating of his service-connected lumbosacral strain with post-operative disc disease, which had been rated at 40 percent. The Board dismissed the case as a result.

The veteran's claims for increased ratings were denied. The RO granted service connection for DDD of the lumbar spine and assigned a 10 percent initial rating, effective October 1, 2002.

The Board denied the veteran's claims of service connection for chronic right knee and low back disorders, as well as his claim for an acquired psychiatric disability. The evidence submitted since the April 1996 decision was found to be insufficient to reopen any of these claims.

The veteran's hypertension was not incurred during active service and there is no competent medical evidence linking it to service.,Bilateral peripheral neuropathy has not been diagnosed, and the earliest evidence of a diagnosis is several years after separation from service.,Spermatocele was first clinically confirmed during a period of IDT following a motor vehicle accident. Service connection is granted based on this history.,PTSD does not meet criteria for total occupational and social impairment.,Cervical contusion and sprain have been manifested by moderate limitation of motion with no incapacitating episodes requiring bed rest.,Lumbar spine contusion and strain with radiculopathy were manifested by characteristic pain on motion with slight to severe limitations in motion, but without incapacitating episodes requiring bed rest prior or since February 24, 2006.

The Board has remanded the case due to insufficient medical opinions regarding the etiology of the veteran's current lumbar disorder and whether it is related to service. The RO must provide a new notification letter, afford the veteran an orthopedic examination, and consider all submitted evidence before proceeding with appellate review.

The Board has determined that the veteran does not meet the criteria for service connection for a back disorder, and his claims of entitlement to initial compensable disability ratings for bilateral hearing loss and separate 10 percent ratings for each ear for tinnitus are denied.

The veteran's claims for increased ratings for cervical spine degenerative arthritis, thoracolumbar spine degenerative arthritis, chondromalacia of the right knee, and chondromalacia of the left knee were denied as his conditions did not meet the criteria for a higher evaluation under the applicable rating schedule.

The Board denied the veteran's claims for service connection for degenerative joint disease of the hips and lumbar spine, finding no evidence linking these conditions to service.

The Board has determined that the preponderance of evidence is against the veteran's claims for service connection for bilateral tinnitus and lumbar strain, finding no direct link between these conditions and his military service.

The Board denied the veteran's claim for an initial rating in excess of 10 percent for his low back disability, finding that it did not meet the criteria for a higher rating based on the current evidence.

The Board has determined that the veteran did not experience a chronic leg or back disability during service and there is no competent medical evidence to show that he had arthritis of the legs or back within one year of discharge from service. As such, the claims for service connection have been denied.

The veteran's claims for higher initial ratings for his lumbar spine disorder and hypertension were denied. The lumbar spine disorder was rated as 10 percent disabling, while the hypertension remained non-compensable.

The veteran's claim of service connection for insomnia, as a manifestation of his service-connected adjustment disorder, has been dismissed due to the overlap between the two conditions and the established compensation.

The Board has determined that the veteran's sciatica of the left lower extremity is related to his service-connected degenerative joint disease of the lumbar spine, and thus grants service connection for this condition.

The veteran's appeal has been withdrawn, and the claims have been dismissed.

The Board has determined that the veteran does not have diabetes mellitus, hypertension, a back disability, or residuals of heat stroke as a result of service. The claims for these conditions are therefore denied.

The Board has determined that the veteran does not have a current disability related to his active service for hepatitis C, arthritis, or any of the bilateral foot disorder, back disorder, neck disorder, or hip disorder. The evidence is against a finding that these conditions are attributable to service.