Back / lumbar spine decisions — 2008

The veteran's claim for an increased disability rating for his service-connected lumbosacral strain is being remanded due to the need for additional development, including obtaining VA treatment records and scheduling a VA examination.

The Board denied an increased rating for the veteran's residuals of injury to the lower thoracic and lumbar spine as the evidence did not show disability or functional impairment that equated to a higher rating.

The Board has determined that a 40 percent disability rating is warranted for the veteran's service-connected degenerative disc disease of the lumbar spine, effective from the date of the initial decision in June 1995.

The Board has reopened the claim for service connection for PTSD due to submission of new evidence. However, the claim remains denied as there is no established in-service stressor and the veteran does not have a diagnosed PTSD.

The Board denied the claims for service connection for various conditions, including fatigue, PTSD, depressive disorder, memory loss, anxiety, anger, shortness of breath, and headaches. The appellant's service in the Southwest Asia theater did not result in any new or aggravated disabilities.

The Board found that the veteran's current degenerative disc disease of the lumbar spine was incurred in service, and granted service connection for this condition. The other claims were denied as they are not related to Gulf War service or have already been established by service connection.

The veteran's service-connected disabilities, including degenerative disc disease, status post hemilaminectomy and discectomy, L5-S1, limitation of motion for the left shoulder, and hemorrhoids, do not prevent him from securing and following a substantially gainful occupation.

The veteran's claims for service connection for right ear hearing loss, chronic right ear infection, tinnitus, mild anemia, and chronic low back pain are being remanded for further development.

The Board denied the veteran's claim for service connection for a chronic low back disability, as there was no evidence of a nexus between the current condition and his military service.

The appeal is remanded to the RO for further development of evidence and readjudication.

The Board granted the veteran's claim to reopen his service connection claim for a back disorder, but remanded the underlying service connection claims and the service connection claim for a right hip disorder.

The Board denied service connection for PTSD, a left knee disability, and degenerative lumbar scoliosis as there was no evidence of a chronic condition during service or an applicable presumptive period.

The Board denied service connection for a low back disorder and right knee disorder as there was no evidence of chronic disability in-service or within the applicable presumptive period, and no competent evidence linking the current conditions to active service.

The appeal for an initial increased rating for status post medial meniscus tear and anterior cruciate ligament injury of the right knee was withdrawn, and a 10 percent disability evaluation is maintained for lumbosacral strain with herniated nucleus pulposus.

The veteran's lumbosacral strain was rated at 20 percent, and his left knee disability (including arthritis) remained at 30 percent.

The Board denied the veteran's claims for service connection for a back disability, bilateral leg disability, and right hip disability as there was no evidence of chronicity in service or that these conditions were otherwise related to his periods of service.

The Board denied the motion to reverse or revise an August 1974 decision based on clear and unmistakable error (CUE) in denying service connection for a low back disability.

The veteran withdrew his appeals for increased ratings and service connection, thus the Board has no jurisdiction in these matters.

The appeal is remanded to the RO for additional development and readjudication of the veteran's claim.

The Board remands the service connection claims for further medical evidence to determine if the claimed conditions are caused or aggravated by the veteran's service-connected bilateral ankle disability.