Back / lumbar spine decisions — 2008

The Board has determined that new and material evidence has not been received to reopen the veteran's claim of entitlement to service connection for a low back disorder, as the submitted evidence is cumulative and redundant of previous records.

The veteran withdrew his appeal for an initial evaluation in excess of 10 percent for degenerative disc disease of the lumbosacral spine with sciatica.

The veteran's claims for increased disability ratings for his service-connected seborrheic dermatitis with secondary hyperkeratosis and degenerative disc disease of the lumbar spine were denied. The Board found that the evidence did not meet the criteria for higher disability ratings at any point.

The veteran's appeals for increased evaluations of his service-connected disabilities were denied. The RO granted service connection and assigned initial evaluations, but the veteran withdrew his appeal regarding PTSD. His other claims for increased evaluations were not supported by evidence showing that his hip, knee, or elbow conditions warranted higher ratings.

The Board found no evidence linking the veteran's current back disorder to his service, including any in-service injury. As a result, the claim for service connection was denied.

The Board denied an earlier effective date for the TDIU due to insufficient evidence showing that the veteran's service-connected disabilities alone rendered him unemployable prior to March 22, 2004.

The veteran was granted a rating of 40 percent for his service-connected low back disability from June 19, 2002 to the present.,Prior to June 19, 2002, the veteran's low back disability was rated at 20 percent.

The Board denied the veteran's claims for service connection for bilateral hearing loss and for increased ratings for degenerative disc disease of the lumbar spine and chronic left knee strain. The evidence did not establish current disability in any of these conditions, and there was no medical opinion linking them to service.

The Board has granted service connection for PTSD. The remaining claims of entitlement to service connection for bronchial asthma, low back disability (Gulf War Illness, painful joints), tinnitus, and hearing loss in the right ear are addressed in the REMAND portion.

The Board has reopened the veteran's claim for service connection for arthritis of the lumbar spine and degenerative disc disease of the lumbar spine, but finds that there is no evidence to support a finding that these conditions are related to military service.

The veteran's claim for increased ratings for his service-connected lumbosacral strain superimposed on L5-S1 with spondylosisthesis was adjudicated. Prior to June 16, 2008, the rating remained at 20 percent; from that date until now, it has been rated at 40 percent.

The Board has determined that the veteran's back disability is related to his active military service and grants the claim for service connection.

The Board has determined that the veteran's current low back disability, including arthritis, was not incurred in or aggravated by service and is unrelated to an injury, disease, or event of service origin. The Board also found that the current low back disability is not proximately due to or the result of his service-connected Crohn's disease.

The veteran's appeal is being remanded due to the need for consideration of additional VA outpatient treatment records submitted by him. The issues regarding evaluation of lumbosacral strain are pending further review.

The Board denied the veteran's claims for service connection and increased ratings for various knee conditions, including DDD of the lumbar spine, right patella chondromalacia, left patella chondromalacia, muscle hernia of the right forearm, and residuals of a fracture of the right radius and ulna.

The veteran's appeal has been dismissed as she requested withdrawal of her appeal.

The veteran's claims for service connection are being remanded due to the need to obtain additional records, including morning reports and SSA records. The case will be readjudicated after these records are obtained.

The Board denied service connection for a low back disorder and an increased rating for second degree heart block, Mobitz I type. The claim of reopening the service connection for bronchial asthma was also denied.

The veteran's low back disability was rated at 40 percent disabling effective July 19, 2005. Prior to this date, the disability was rated at 10 percent.

The veteran's hypertension was not service-connected.,Prior to May 23, 2006, the veteran had a low back disability rated at 10%. From May 23, 2006, it is rated at 40%.,Urinary stricture with post voiding leakage was not service-connected prior to November 30, 2005. It has been rated at 40% since then.,The veteran's irregular heart beat (cardiac arrhythmia) has been rated at 30%.