Back / lumbar spine decisions — 2008

The Board denied the veteran's claims for service connection for degenerative disc disease of the thoracolumbar spine and residuals of left eye trauma, finding no evidence linking these conditions to his military service.

The Board has remanded the case for additional development, including obtaining medical records and conducting examinations to determine if service connection can be established for skin disability, hypertension, coronary artery disease, and thoracolumbar spine disability.

The veteran's death is being reviewed for service connection, and claims for accrued benefits based on his unapproved disability benefits from Social Security Administration are also pending. Additional development of evidence, specifically the SSA records, is required before a decision can be made.

The Board denied service connection for a sleep disorder, right hand condition, and low back pain. The claims were not reopened due to lack of new and material evidence.

The Board has reopened the claim of service connection for a low back disorder and granted it, finding that new evidence supports a relationship to service.

The Board has granted a 20 percent rating for the veteran's service-connected chronic lumbar strain with degenerative disc disease, effective from February 2003.

The veteran's low back disability, which includes paravertebral myositis, left scoliosis, and S5 radiculopathy in the left side, is currently rated at 40 percent disabling. The Board found that the current rating adequately reflects the severity of his condition based on severe limitation of motion.

The Board has denied the veteran's claims for service connection for hypertension and degenerative disc disease of the lumbar spine, finding that new evidence submitted since previous decisions does not relate to an unestablished fact necessary to substantiate the claims.

The Board found that the veteran's current intervertebral disc disease was not incurred in or aggravated by service, and denied his claim for service connection.

The veteran's combined disability rating is 50%, which does not meet the minimum schedular criteria for a TDIU. However, his service-connected disabilities do not preclude him from obtaining or maintaining sedentary employment.

The VA denied an increased evaluation for the veteran's lumbosacral strain, finding that it did not meet criteria for a higher rating based on current medical evidence.

The Board has determined that the veteran's service-connected lumbar spine disability warrants a 20 percent rating effective April 15, 2003 and a 40 percent rating effective April 25, 2006.

The Board has remanded the case due to failure to provide VCAA notice and because additional evidence is needed from various VA facilities and healthcare providers.

The Board denied the veteran's claims for service connection for sleep apnea, as secondary to his service-connected nasal fracture. The ratings for the residuals of a nasal fracture and bilateral hearing loss were also denied.

The veteran's service-connected conditions were evaluated at the 10 percent level for most of the appeal period, with some exceptions. The Board denied higher evaluations for various conditions.

The Board found that the veteran's low back disability, including piriformis syndrome, did not have its onset during service and was not caused or aggravated by her service-connected bilateral retropatellar pain syndrome. Therefore, the claim for service connection is denied.

The Board has determined that the reduction of the veteran's disability rating for his degenerative joint disease of the lumbar spine from 20 percent to 10 percent was proper.

The Board has remanded the case for additional development due to missing service and post-service medical records, including those from Fort Bliss, Fort AP Hill, VA Medical Centers in Salem and Richmond, and a private doctor's office. The veteran is asked to provide authorization for these records.

The Board granted service connection for the lumbar spine disability and assigned an initial rating of 20 percent, effective December 6, 2004. The veteran's claims for service connection for hypercholesterolemia and coronary artery disease were denied.

The Board has determined that the appellant's leg pain and PTSD claims are not supported by evidence of a current disability, as well as an in-service injury or event. The low back disorder claim is also pending due to incomplete service records. Further development is required for all issues.