Back / lumbar spine decisions — 2008

The veteran's claims for service connection for low back disability, thyroid nodular disease, and bilateral cataracts are being remanded due to the need for a new dose estimate of ionizing radiation exposure. The claims will be reconsidered in light of the latest probability revisions from NIOSH.

The Board found that the veteran's current chronic lumbar spine disability is not related to his military service, including any in-service injury or aggravation of his congenital scoliosis. The evidence does not support a finding that the condition was aggravated by service.

The veteran's service-connected disabilities do not meet the criteria for a certificate of eligibility for financial assistance in acquiring specially adapted housing or a special home adaptation grant.

The Board has remanded the case for additional development due to missing SSA records related to the veteran's disability benefits.

The Board has granted a higher disability rating for the veteran's degenerative disc disease of the lumbar spine, but denied any increase in ratings for peripheral neuropathy of both lower extremities.

The Board denied the veteran's claims for service connection for bilateral hearing loss and an increased rating for low back strain with degenerative arthritis. The evidence did not support a finding that the veteran's current conditions were caused or aggravated by his military service.

The claim for service connection for a back condition has been reopened.,The claim for service connection for a right forearm condition remains closed.

The Board denied the veteran's claims for increased evaluations for his low back disability and bilateral hearing loss, as well as service connection for sleep apnea and GERD. The veteran was not granted any new evaluations or connections.

The Board denied the veteran's claims for a higher rating for his low back disability and service connection for left and right knee disabilities, finding that the evidence did not support an evaluation in excess of 40 percent or service connection based on secondary to a low back disability.

The Board has determined that the veteran's claims for service connection for a right knee disability and low back disability were denied. The skin disability claim is remanded due to insufficient evidence.

The Board has granted service connection for the veteran's degenerative disc disease of the lumbar spine, finding that it is related to his in-service back injury.

The Board denied the veteran's claims for service connection for bronchial disability and lumbosacral strain/thoracic spine disability, as well as his claim for TDIU due to lack of evidence supporting these claims. The veteran does not have any service-connected disabilities.

The VA denied the veteran's claims for higher initial ratings for mechanical low back strain with degenerative joint disease and left shoulder tendonitis, as his conditions did not warrant a rating higher than 10 percent.

The Board has remanded the case for further development due to incomplete representation and issues needing additional consideration.

The veteran's medical conditions, including hypertension, hepatitis C, lumbar disc disease, gunshot wound residuals of the right leg, gallstones, and an acquired psychiatric disorder, do not render him permanently and totally disabled for pension purposes.

The Board has ordered the case back to the RO for additional development, including obtaining medical records and Social Security Administration disability file. The veteran is also required to be scheduled for a VA examination of his right knee.

The Board found that the veteran's left knee patellofemoral syndrome, lumbar spine disability, COPD, and hypertension were not incurred or aggravated by service. The evidence did not support a finding of chronicity for any of these conditions.

The veteran's lumbosacral strain was rated at 10 percent effective February 29, 2008.

The Board has remanded the case for further development, including obtaining records of disability benefits and providing notice as required by Kent v. Nicholson.

The Board found that the veteran's low back disorder and spina bifida occulta, L-5 were not incurred in or aggravated by service. The Board also determined that these conditions are not diseases or injuries for which VA compensation is paid.