Back / lumbar spine decisions — 2008

The Board granted service connection for degenerative joint disease and degenerative disc disease of the lumbar and thoracic spine, finding that these conditions began as a consequence of active duty.

The Board denied service connection for a back disorder, an acquired psychiatric disorder, a respiratory disorder, a stomach disorder, and a bilateral knee disorder.

The veteran withdrew his appeals for increased ratings of various conditions, including rheumatoid arthritis and bronchial asthma.

The Board denied service connection for diabetes mellitus and PTSD, as there was no evidence of in-service exposure to herbicide agents or a causal connection between the veteran's conditions and military service.

The claim of service connection for a bilateral hearing loss was denied, and the veteran's initial evaluation in excess of 10 percent for his low back disability was not warranted.

The application to reopen the claim for service connection for a neurological disability of the left upper extremity, characterized as left ulnar neuropathy, is granted. The application to reopen the previously denied service connection claim for a low back disorder is denied.

The veteran's claims for service connection for a bilateral elbow disability, bilateral knee disability and back disability are reopened. The claims for service connection for a right thumb disability and a burn scar of the right posterior shoulder are not reopened.

The Board denied service connection for bilateral plantar fasciitis, a low back disability, hearing loss, a right knee disability, residuals of a cyst of the right second finger, and residuals of dental trauma as there is no competent medical evidence showing that the veteran currently has any of these disabilities or that they are related to her period of active service.

The veteran's claim for service connection for degenerative arthritis of the lumbar spine was denied as there is no evidence that the condition is related to his service or a service-connected disability.

The appeal is remanded for further development and consideration of the claims, including obtaining additional evidence and scheduling an examination.

The veteran's claims for service connection for bilateral knee, elbow, and thoracolumbar spine disabilities were denied. The initial ratings for PTSD, bilateral hearing loss, malaria, and onychomycosis of the bilateral great toenails were also denied.

The Board denied service connection for degenerative disc disease (DDD) of the lumbar spine as there was no evidence of an in-service back injury and the condition first appeared many years after discharge from service.

The veteran's cervical spine strain is not shown to be more severe than the currently assigned 30 percent rating, and there are no other service-connected conditions for which a higher initial disability rating can be granted.

The Board denied the veteran's claims for increased ratings for various disabilities, including migraine headaches, cervical spine, dorsal (thoracic) and lumbar spine, right wrist carpal tunnel syndrome, left wrist carpal tunnel syndrome, right knee, left knee, and left ankle.

The Board remands the case for further development to obtain an opinion on whether the veteran's lumbosacral strain was caused or chronically worsened by his service-connected shell fragment wound residuals and/or left meniscal tear.

The case is remanded for the veteran to be scheduled for a new videoconference hearing before a Veterans Law Judge.

The Board remands the claim for a VA examination to address the nature and etiology of any current low back disability.

The appeal is remanded to the RO for further development of evidence regarding the veteran's claims for service connection for a left knee disability, degenerative disc disease at L4-S1, bilateral hearing loss, and tinnitus.

The veteran's left knee disability was rated 30 percent, with a separate 10 percent rating for limitation of flexion. The right knee and lumbar spine disabilities were rated at 20% and 40%, respectively, from April 30, 2007.

The Board denied the veteran's claim for service connection for a lower back disability, as there was no evidence that his current back disability began during or was caused by his time in military service.