Back / lumbar spine decisions — 2008

The Board found that the veteran's claimed conditions, including a skin condition, dysuria, depression, memory loss and concentration problems, bilateral ankle stiffness and pain, bilateral hand pain and swelling, DJD of the cervical and lumbar spine, and bilateral patellofemoral syndrome, were not incurred in or aggravated by active duty service. The Board concluded that these conditions are not related to an undiagnosed illness or any other known clinical diagnosis.

The Board found that there is no evidence of a chronic right eye disability or back disability incurred in service. The veteran's current disabilities are not related to his military service.

The Board found that the veteran's current low back disability is not related to service and denied his claim for service connection.

The Board denied the veteran's claim to reopen his service connection for a back disorder, finding that no new and material evidence had been submitted.

The Board denied the veteran's claim for an increased rating for his service-connected lumbosacral strain, finding that the evidence did not show a worsening of his condition or any additional functional impairment due to intervertebral disc syndrome.

The Board found no evidence of a current low back disability related to service, including periods of active/inactive duty training. The veteran's assertions were not supported by competent clinical evidence.

The VA determined that the veteran's sacralization of the fifth lumbar vertebra with sclerotic changes does not warrant a rating in excess of 10 percent, based on current symptomatology.

The veteran's claims for increased ratings and TDIU were denied. His low back disorder was rated as 10 percent prior to February 8, 2007, and 20 percent since then. The fungus of the feet did not meet criteria for a compensable rating.

The Board denied a higher rating for the veteran's degenerative joint and disc disease of the lumbosacral spine, but granted separate ratings for radiculopathy in each lower extremity.

The VA determined that the veteran's lumbar spine disorder, manifested by severe limitation of motion with forward flexion limited to no more than 25 degrees, does not warrant a rating in excess of 40 percent.

The Board denied the veteran's claims for service connection for mechanical middle and low back strain and seizure disorder, finding that his seizure disorder did not manifest within one year of qualifying military service.

The Board has remanded the case for additional development, including obtaining medical records and scheduling examinations to determine if a back disorder pre-existed service and was aggravated by service, as well as whether the veteran's current hearing loss may have been caused by his military service. The appeal is also remanded to comply with VCAA requirements regarding right ear hearing loss on the basis of aggravation.

The Board has determined that the veteran does not meet the criteria for service connection for a heart disorder or headaches. The claims of entitlement to initial disability ratings in excess of 10 percent for right foot hallux valgus and left foot hallux valgus are denied.

The Board has reopened the veteran's claim for service connection of a low back disorder and determined that new evidence received since the August 1993 denial supports her claim. The Board found that there is reasonable possibility that the current low back condition may be related to military service, including an injury sustained while in service.

The Board has remanded the veteran's claims for additional development due to incomplete medical records and need for further examinations.

The veteran's claim for an initial rating in excess of 10 percent for service-connected degenerative disc disease of the lumbar spine is being remanded due to inadequate examination and further development is required.

The Board denied the veteran's claims for increased ratings for various knee and hip conditions, finding that the evidence did not meet the criteria for higher evaluations under applicable diagnostic codes.

The Board has denied the veteran's claims for service connection for a heart disability, cancerous lesions of the left and right feet, arthritis of both knees, and back disability. The evidence does not establish that any of these conditions are related to military service.

The Board granted an effective date of November 23, 1992 for the grant of a 40 percent rating for residuals of low back injury with disc involvement and fibromyositis. The veteran's claim for earlier effective dates for increased ratings and service connection was also granted.

The veteran's post-operative residuals of back strain are currently rated at 40 percent, effective April 30, 1998. The evidence shows significant complaints of chronic daily pain radiating into the lower extremities causing functional limitation.