Back / lumbar spine decisions — 2008

The Board has decided to remand the veteran's claims for increased ratings for degenerative arthritis of the lumbar spine and right elbow due to a need for further examination, as well as additional development of the record.

The veteran's appeal is being remanded for further examination to determine the extent of his service-connected disabilities and their impact on his ability to meet the requirements for financial assistance in purchasing adaptive equipment, acquiring specially adapted housing, or receiving special monthly compensation based on need for regular aid and attendance.

The Board has remanded the case due to insufficient evidence regarding whether the veteran's current back and foot conditions are related to service. The VA will conduct further examination and review of the claims file.

The Board has determined that the veteran's low back disability, diagnosed as degenerative joint disease and degenerative disc disease, was not incurred in or aggravated by active military service.

The veteran's claims for higher ratings for cervical and lumbosacral spine disabilities, as well as a compensable rating for cutaneous neuritis of the left thigh, were denied. The claim for service connection for migraine headaches was also denied.

The veteran's nonservice-connected disabilities are of such nature and severity as to permanently prevent him from securing or following substantially gainful employment, warranting a permanent and total disability rating for pension purposes.

The Board has remanded the case due to incomplete development of records, particularly regarding the veteran's in-service back injury and subsequent treatment. The AOJ is instructed to conduct searches for relevant medical records from various sources.

The Board has denied the veteran's claims for service connection for bilateral ankle pain, bilateral leg pain, and low back strain due to a lack of evidence linking these conditions to his period of active military service.

The Board found that the veteran's right knee and low back disabilities were not incurred or aggravated during military service, nor could they be presumed to have been so incurred. The VA examiners' opinions supported this conclusion.

The appeal is remanded for further development, including a VA examination to determine the etiology of the veteran's chronic low back and arthritic disorders in relation to his service-connected PTSD.

The Board has determined that the veteran's hypertension, skin disability (other than cysts), sinus disability (including allergic rhinitis), residuals of a broken nose, and pes planus are not related to his active service. The low back disability is related to his active service.

The Board denied the veteran's claim for an earlier effective date for the grant of service connection for a back disability, finding that August 17, 1998 was the earliest possible date based on the receipt of his request to reopen.

The Board reopened the service connection claim for a back disability based on new and material evidence, but denied service connection for a shoulder disability.

The Board denied service connection for an acquired psychiatric disorder, PTSD, and degenerative disc disease of the lumbar spine as there was no evidence that these conditions were related to the veteran's period of active military service.

The veteran's lumbosacral spine, right knee, and left knee disabilities do not meet the criteria for increased ratings.

The Board denied service connection for bilateral hearing loss, chronic tinnitus, low back pain, and bilateral knee pain as there is no evidence of these conditions in service or within one year of discharge, and no evidence linking them to the veteran's period of active military service.

The veteran withdrew his appeal seeking a rating in excess of 20 percent for residuals of a lumbar spine injury to include degenerative changes.

The veteran's claim for service connection for a low back disorder was denied as the competent medical evidence did not relate his current condition to an in-service injury.

The veteran's claim for service connection for chronic headaches was denied as there is no evidence of an underlying disease or injury to account for the headaches.

The veteran's service-connected DDD of the lumbar spine is not more than 40 percent disabling, and an evaluation in excess of 40 percent is denied.