Back / lumbar spine decisions — 2008

The Board has determined that there is not enough evidence to support the veteran's claim of a back disorder being related to service, and thus denied the claim.

The Board has remanded the veteran's claims due to incomplete records and need for further examination. The issues include service connection, increased ratings for back disorder and hypertension with kidney dysfunction.

The veteran's service-connected migraine headaches are not shown to be productive of very frequent and completely prostrating attacks that cause severe economic inadaptability. The service-connected lumbar strain and myositis are shown to be productive of a disability picture that more closely approximates functional loss due to pain and muscle spasms.

The Board found that the veteran's low back disability was not incurred in or aggravated by his active service, nor is it related to his service-connected left knee disability. The claim for service connection was denied.

The Board denied service connection for PTSD and chronic low back pain and osteoarthritis of the spine, finding no new and material evidence to reopen the claim.

The Board has dismissed the veteran's claims for service connection for a back disorder, right hand disorder, and skin disorder as he withdrew his appeal prior to the promulgation of a decision.

The veteran's PTSD is rated at 30 percent. The claims for low back disability, left knee disability, skin disability, and hypothyroidism are all granted based on direct service connection.

The Board has determined that the veteran's non-service connected disabilities necessitate the need for regular aid and attendance, allowing him to receive special monthly pension benefits.

The veteran's employment as a Director in Instructional Programs has been deemed sufficient to meet his rehabilitation goals, and he is therefore considered rehabilitated.

The Board has remanded the case due to incomplete records from the Social Security Administration and requests for these records have been made.

The Board has determined that new and material evidence was not received to reopen the veteran's claims for service connection for a sleep disorder, headaches, back disability, bilateral hand disability, and neck disability. The claims were denied as there is no medical nexus between these conditions and active service.

The veteran's service-connected conditions do not meet the criteria for specially adapted housing or a special home adaptation grant due to his inability to use an electric scooter, walker, or cane as a normal mode of locomotion.

The Board denied the veteran's claims for increased ratings for his service-connected multiple joint arthritis (shoulders, elbows, thoracolumbar spine, and ankles), finding that the evidence did not support a compensable rating under applicable diagnostic codes.

The Board has granted service connection for tinnitus, but the claims for bilateral hearing loss disability and back disability are remanded due to insufficient evidence.

The veteran's appeal is being remanded for further development and consideration of his claims, including obtaining additional medical records and providing the veteran with a notification letter as required by Vazquez-Flores v. Peake.

The Board finds that the veteran's low back disorder is related to his active service.,While the veteran has bilateral hearing loss, it was not incurred in or aggravated by active service.

The Board has determined that the veteran's degenerative disc disease of the cervical spine was not incurred in or aggravated by active service and may not be presumed to have been incurred therein.

The Board found no evidence of a low back disorder during service or for many years thereafter, and any currently diagnosed lumbosacral strain has not been related by competent evidence to service. Therefore, the claim for entitlement to service connection for lumbosacral strain is denied.

The Board has determined that the veteran's service-connected thoracolumbar spine disability does not meet or approximate the criteria for a rating in excess of 40 percent.

The Board finds that right eye iritis is proximately due to or the result of service-connected arthropathy of the lumbosacral spine. The veteran's claims for annual clothing allowance, increased ratings for various disabilities, and TDIU are granted.