Back / lumbar spine decisions — 2008

The veteran's claims for service connection and an increased rating for low back strain are being remanded due to the need for additional medical examinations.

The Board found that the veteran's current back disorder did not have its onset during service and is not related to his active service, including a period of Reserve duty. Therefore, the claim for service connection was denied.

The VA denied the veteran's request for a higher initial rating of 60 percent for his low back disorder, which is currently rated at 60 percent. The appeal was not about service connection but rather about the appropriate disability rating.

The veteran's low back strain with degenerative disc disease is currently rated at 10 percent, and the Board finds that this rating is not warranted based on the current evidence.

The Board has denied the veteran's claims for service connection for residuals of a low back injury to include the right hip and for right ear hearing loss. The evidence does not support current diagnoses of these conditions.

The Board has granted a higher initial disability rating of 20 percent for the veteran's degenerative disc disease of the lumbar spine with a bulging disc at L5-S1, effective from June 8, 2005. A separate 10 percent rating is also granted for his secondary incomplete paralysis of the left sciatic nerve.

The Board has remanded the case due to insufficient examination and incomplete evidence, requiring further development of the claims.

The veteran's conditions do not meet the criteria for special monthly pension based on need for regular aid and attendance or being housebound due to his ability to perform daily living activities independently.

The Board finds that the veteran does not have any of the claimed conditions diagnosed in service or within one year after discharge, and there is no competent medical evidence linking these conditions to his military service. The claim for asbestos-related lung disease also fails as there is no competent medical evidence of a current disability related to asbestos exposure.

The Board has determined that the veteran's degenerative lumbar spine arthritis with radiculopathy and a disc herniation at L5-S1 warrants an initial disability evaluation of 20 percent, effective from the date of the grant of service connection.

The Board denied a rating in excess of 40 percent for the veteran's Degenerative Disc Disease (DDD) of the Lumbar Spine, finding that medical evidence prior to September 23, 2002 did not show pronounced intervertebral disc syndrome with persistent symptoms compatible with sciatic neuropathy. The Board also found no incapacitating episodes or separately ratable neurological manifestations during the previous twelve-month period.

The Board has determined that the veteran's bilateral pes planus and degenerative disc disease of the lumbar spine were aggravated by active service, warranting service connection for these conditions.

The Board has granted service connection for multi-level degeneration of the lumbar spine, finding that it is at least as likely as not related to an inservice injury. The issue of automobile and adaptive equipment, or adaptive equipment only, remains pending.

The veteran's claims for increased evaluations of his low back disorder, reactive airway disease, and sinusitis with headaches were denied. Service connection for hypertension was also denied. The veteran's currently diagnosed conditions are not related to military service.

The Board found that the veteran's currently diagnosed cervical DDD, claimed as residual neck injury, did not manifest in service or within a year thereafter and is not shown to be causally related to any incident or injury in service.

The veteran's low back disability is rated at 40 percent, and his bilateral shoulder disabilities are not service-connected. The right arm peripheral neuropathy is granted secondary to the low back condition. However, the TDIU claim remains unresolved.

The Board has determined that the appellant does not have service connection for any of his claimed conditions, including PTSD and cancers, due to lack of evidence showing a relationship between these conditions and his military service. The claim is denied.

The Board has determined that the veteran does not have current diagnoses of neck, low back, or left elbow disorders and therefore cannot establish service connection for these conditions.

The veteran's appeal is being remanded for further development, including obtaining SSA records and providing proper VCAA notice regarding the reopening of his service connection claims.

The Board found no evidence of a current upper spine condition or any link between the veteran's service-connected lumbar herniated nucleus pulposis and his claimed conditions. The claim for an upper spine condition was denied.