Back / lumbar spine decisions — 2008

The Board has determined that the veteran's low back disorder was aggravated by active service and granted service connection for this condition.

The Board has determined that the veteran's bilateral pes planus pre-existed service and was aggravated by active duty, thus granting service connection for this condition. The low back condition is not considered to have been present at entry into service and there is no evidence linking it to service.

The Board denied service connection for the claimed conditions, finding that they are not attributable to military service or service-connected disabilities.

The Board denied the veteran's claims for service connection for a low back disorder, bilateral hearing loss, and an eye disorder. The claim for higher rating for PTSD was also denied.

The veteran's service-connected disabilities, including a lumbosacral strain, pseudofolliculitis barbae, and right hip tendonitis, do not render him unemployable considering his educational and occupational background.

The Board denied the veteran's request to reopen his claim for service connection for a back disorder, finding that the new evidence did not raise a reasonable possibility of substantiating the underlying claim.

The Board has determined that a timely substantive appeal was not filed as to the issues of service connection for low back disability, right leg deep vein thrombosis, status post left hand injury, memory loss, shortness of breath, and bilateral knee disability. As such, these claims are dismissed.

The Board has remanded the case for a VA examination to determine the etiology of the veteran's current back disorder, including whether it can be attributed to service or a 2003 injury. The claim will be readjudicated after the examination.

The Board granted service connection for bilateral pes planovalgus and assigned a 20 percent disability rating. The claim for an increased rating for bilateral chondromalacia was denied.

The Board has determined that the veteran's lumbar spine disorder warrants a 20 percent disability rating, but not higher. The right ankle disorder is currently rated as noncompensably disabling.

The Board has determined that the veteran's lumbar spine disorder did not have its onset during service and is not otherwise etiologically linked to his active duty. Therefore, service connection for a lumbar spine disorder is denied.

The Board has denied the veteran's claims for service connection for lung disorder due to asbestos exposure and residuals of cold injury. The claim for service connection for lumbar strain is pending.

The Board found no evidence to support a service connection for the veteran's claimed low back disorder and associated secondary upper and lower extremity disorders, as there was no in-service injury or disease linked to these conditions.

The Board found that the veteran does not have a currently diagnosed disability manifested by a lobulated cyst on the lumbar spine or chronic cough, and therefore denied both claims.

The veteran's low back disability has been rated at 20 percent since December 28, 2005. His depressive disorder was granted service connection but no specific rating is assigned.

The Board has granted service connection for a low back disability, to include low back strain with L4-L5 herniated disc including the sciatic nerve, as secondary to the service-connected linear tear of the left quadriceps tendon. The issue of an increased rating for the left quadriceps tendon condition is remanded.

The veteran's claims for higher initial ratings for his left hip and right hip disabilities have been denied. The lumbar spine disability has been granted a 20 percent rating from May to December 2006, but no greater.,There is no evidence of involvement of two or more major joints or minor joint groups with occasional incapacitating exacerbations in the veteran's left and right hip disabilities.

The Board has remanded the case for additional development due to an inadequate February 2003 VA medical examination report. The veteran is to be afforded a VA orthopedic examination to determine the nature and etiology of any low back disability, including whether it is related to service.

The veteran's claims for higher initial evaluations for degenerative disc disease of the lumbar spine and left lower extremity radiculopathy due to lumbar spine disc disease were denied. The conditions are rated as 10%, 20%, and 40% respectively.

The Board denied service connection for seizure disorder, chronic low back disorder, heart condition, and ulcerative colitis due to insufficient evidence linking these conditions to the veteran's time in service.