Back / lumbar spine decisions — 2008

The Board has remanded the case for further development due to incomplete examination reports and need for etiology opinions on the veteran's low back, sleep, and reflux disabilities.

The veteran's claim for service connection for right knee disability has been reopened. Claims for bilateral hearing loss and low back disability have not been granted.

The Board found no evidence of a chronic low back disorder in service and denied the claim for service connection.

The Board has vacated the previous decision and is remanding the case for a videoconference hearing before a Veterans Law Judge at the RO, after which it will be returned to the Board for further review.

The Board has remanded the case for additional development, including obtaining VA and private medical records, arranging an orthopedic examination, and considering the veteran's claim of service connection for a neck and back disorder with arthritis.

The Board has granted service connection for sleep apnea and lumbar spine arthritis, finding that the conditions are related to service-connected nasal fracture. The veteran is currently rated at 10% for residuals of nasal fracture.

The veteran's claim for an increased rating for his service-connected IVDS of the thoracolumbar spine was denied, and he also had his secondary psychiatric disorder claim denied. The TDIU issue is addressed in the REMAND portion of this decision.

The veteran's claims for increased ratings for left ear hearing loss and degenerative disc disease of the lumbar spine were denied. The Board found that the evidence did not meet the criteria for a compensable rating for left ear hearing loss or an initial rating in excess of 20 percent or 40 percent for degenerative disc disease of the lumbar spine.

The Board denied the veteran's claim to reopen his service connection for degenerative disc disease of the lumbar spine, post-operative due to lack of new and material evidence.

The veteran's service-connected disabilities, including his lumbosacral spine injury with traumatic arthritis and neck injury with degenerative changes, are rated at 60 percent combined. The Board finds that these disabilities reasonably show him to be precluded from participating in any regular substantially gainful employment.

The Board has remanded the case for further development, including scheduling a VA examination and obtaining additional medical records.

The veteran's appeal is being remanded for a hearing before a Veterans Law Judge via video conference. The case will be returned to the Board after the hearing.

The Board found that the veteran's degenerative disc disease was not incurred or aggravated during active service and denied his claim for service connection.

The Board has determined that a disability rating of 40 percent for service-connected herniation of the lumbar spine is warranted, effective from April 13, 1998. The decision also granted an increased rating for chronic cervical myofibrositis.

The veteran's service-connected low back disability and associated right lower extremity radiculopathy are currently rated at 20 percent. The Board found no evidence of flexion limited to 30 degrees or less, nor any ankylosis of the spine, which would warrant a higher rating under DC 5237. There were also no incapacitating episodes of intervertebral disc syndrome lasting at least four weeks but less than six weeks during the last twelve months.

The Board has determined that the veteran's service-connected lumbar spine disability warrants a 20 percent rating, effective as of the date of the decision.

The veteran's initial rating for left wrist ganglion cyst excision is denied, and service connection for a right wrist disorder and neck or back disorder are both denied.

The Board has reopened the veteran's claim for service connection for an acquired psychiatric disability other than PTSD and granted service connection for a back disability. However, the service connection for PTSD was denied.

The Board found no evidence of a head injury or degenerative changes of L3-4 during service, and the veteran's current conditions are not related to his military service.

The veteran's claims for increased ratings for his service-connected anxiety disorder and back disorder are being remanded due to the need for additional medical examination and VCAA notice.