Back / lumbar spine decisions — 2008

The veteran seeks a higher disability rating for his service-connected degenerative joint disease of the lumbar spine, currently rated at 10 percent. The Board has remanded the case to allow for further examination and consideration.

The veteran's claims for service connection are being remanded due to the need for additional development, including obtaining relevant medical records and providing proper VCAA notice.

The Board found no evidence of current disabilities for tinnitus, a bilateral foot disorder, or a low back disability. The veteran's claims were denied as there was insufficient medical evidence to support the presence of these conditions during service.

The Board denied the veteran's claims for service connection for hypertension and a low back disorder, finding no evidence of a nexus between these conditions and his military service.

The Board denied the veteran's claim for an effective date earlier than June 10, 1999, for the grant of a total disability evaluation based on individual unemployability (TDIU). The decision found that there was no medical evidence showing the veteran's service-connected lumbosacral strain precluded him from securing or following substantially gainful employment in the year prior to June 10, 1999.

The Board has remanded the case due to inadequate VA examination and lack of rationale for opinions provided. The veteran's claim will be reviewed again with a new VA spine examination.

The Board has granted service connection for bilateral carpal tunnel syndrome, right knee synovitis, and chronic pain in the left and low back knees due to an undiagnosed illness arising from the veteran's service in Southwest Asia during the Persian Gulf War.

The VA determined that the veteran's lumbar disc disease does not warrant a rating higher than 20 percent, as it only causes moderate limitation of motion with pain on extreme motion.

The VA has granted an initial rating of 20 percent for the veteran's chronic low back strain, to include intervertebral disc syndrome of the thoracolumbar spine, effective from November 28, 2005.

The Board has granted a higher rating of 20 percent for the veteran's low back strain, effective from January 26, 2006. The claim for an increased rating for peroneal neuropathy affecting his left lower extremity remains on appeal.

The Board has determined that the veteran's spinal spondylosis was aggravated during his active duty service, and thus grants service connection for this condition.

The Board has determined that the veteran's neck and back disability, including Klippel-Feil syndrome, was not incurred or aggravated during his period of active service.

The Board denied reopening of the claims for pulmonary tuberculosis, back disability, and left ear defect due to lack of new and material evidence. The veteran's tuberculosis was not present during service or within the presumptive period.

The veteran's service-connected disabilities require him to be in need of regular aid and attendance, warranting special monthly compensation based on the need for aid and attendance.

The veteran's appeals for earlier effective dates have been withdrawn, and his claims are dismissed.

The veteran's claim for increased ratings for his lumbar spine disability is being remanded due to the need for a video conference hearing.

The veteran's claim for an increased evaluation for his service-connected residuals of a lacerated right ear was granted. His application to reopen his previously denied claim for service connection for degenerative joint disease of the lumbar spine was also granted, and he was awarded service connection for a right foot condition secondary to his service-connected traumatic arthritis of the right ankle.

The Board has reopened the veteran's claims for service connection for an adjustment disorder with depressed mood and a lumbar strain condition, as new and material evidence has been submitted.,However, the Board has not decided whether these conditions are related to service.

The Board denied the veteran's claims for service connection for a back disorder and bilateral hearing loss. The decision found no competent medical evidence linking any current disorders to active service.

The veteran's claim for an increased disability rating for his service-connected degenerative disc disease, lumbar spine, L4-L5 and minimal hypertrophic changes, thoracic spine is being remanded due to the need for a new VA examination.