Back / lumbar spine decisions — 2008

The Board has determined that the veteran does not have a current dental condition related to service, and thus cannot establish service connection for this issue.,There is no evidence of an eye disability during service or within one year post-service. The veteran's current vision issues are attributed to diabetes, which predated his military service.

The Board denied the veteran's claim for an initial increased evaluation for his service-connected chronic low back syndrome with intermittent lumbosacral strain, finding that the current disability is not related to his service-connected condition and is instead due to a work-related injury.

The Board has determined that there is no competent evidence of a current low back disability, and thus service connection for a low back disability cannot be granted.

The VA has granted a 20% rating for the low back disorder, effective from October 17, 2006. The veteran's claim for an increased rating prior to that date is denied.

The Board has determined that the veteran's low back disability is related to his service-connected osteoarthritis of the left knee and grants service connection for this condition. However, there is insufficient evidence to establish a current left hip disability.

The Board has remanded the case due to incomplete medical records and the need to obtain Social Security Administration (SSA) records. The veteran's claims for service connection are pending.

The veteran's service-connected disabilities (lumbosacral strain with degenerative changes and hemorrhoids) do not render him unemployable, as he is currently working full-time as a truck driver.

The Board denied the reopening of the claim for a low back disorder and found no new and material evidence. The acquired psychiatric disorder was also not service connected as secondary to the low back disorder.

The veteran's need for regular aid and attendance due to his disabilities, including a right ankle fracture, chronic low back pain, hypertension, cervical myositis, arthritis of the left foot, depressive disorder, and morbid obesity, has been established. As such, he qualifies for special monthly pension based on this need.

The Board has granted a 40 percent rating for the veteran's lumbar spine disability, effective January 30, 2007. The condition is rated based on its direct service connection without any presumption or secondary linkage.

The Board has ordered a remand to obtain an opinion on whether the veteran's back disorder, including his scoliosis, is related to service. The case will be returned for further development and consideration.

The Board has granted a 40 percent rating for the veteran's chronic low back pain with radiation to left thigh and numbness of the left lower leg, status post laminectomy and discectomy at L5-S1.

The veteran's service-connected cervical spine radiculopathies and productive changes of the thoracolumbar spine have been granted initial evaluations in excess of 20 percent effective from April 6, 2004.

The Board has ordered the case to be returned for further action due to new evidence submitted by the veteran. The RO is instructed to obtain updated medical records from both VA and private sources, conduct a VA examination, and consider whether a separate rating for neurologic impairment is warranted.

The Board has remanded the veteran's claims for additional development due to insufficient opinions in the September 2007 examination report.

The Board denied the reopening of a claim for service connection for a low back disability, finding that new and material evidence had not been submitted.

The Board has determined that the veteran's chronic lumbar strain does not warrant an evaluation in excess of 10 percent.

The Board denied the veteran's claim for an increased evaluation of his lumbar spine disability, finding that it did not meet the criteria for a rating in excess of 40 percent.

The veteran withdrew his appeal of all issues, including entitlement to an increased disability rating for postoperative residuals, lumbar disc disease; entitlement to an increased disability rating for bilateral shin splints; entitlement to a compensable disability rating for left navicular fracture; entitlement to service connection for a right knee disability; and, entitlement to service connection for asthma.

The Board has determined that service connection is in order for the veteran's back disability. The claim for a stomach disability and underarm cysts was denied.