Back / lumbar spine decisions — 2008

The appeal is remanded for additional development, including obtaining a medical examination and opinion to determine the nature and etiology of any current back or right knee disabilities in relation to service.

The Board denied the veteran's claims for increased ratings for lumbar strain and testicular disability, as the evidence did not support a higher rating under the applicable criteria.

The Board denied the veteran's claims for service connection for a low back disability, diabetes mellitus (presumed secondary to herbicide exposure), gastroesophageal reflux disease with a hiatal hernia, and effective dates earlier than June 18, 2004, and February 9, 2005, for the grant of service connection for bilateral hearing loss and tinnitus, respectively.

The veteran's service-connected disabilities, which include a low back disability rated 40 percent, depressive disorder rated 30 percent, a left knee disability rated 20 percent, residuals of left medial meniscectomy and high tibial osteotomy rated 20 percent, and arthritis of the thoracic spine rated 10 percent, are reasonably shown to be of such nature and severity as to preclude him from participating in any regular substantially gainful employment.

The Board has granted service connection for lumbar spine arthritis as secondary to the veteran's service-connected pes planus, but denied service connection for right wrist sprain, right arm disorder, right shoulder disorder (arthritis), left shoulder arthritis, and meningitis.

The veteran's claims for service connection for psychiatric, neck, low back, waist, and bilateral leg conditions are being remanded to properly adjudicate the character of his National Guard duty and obtain additional medical evidence.

The Board denied an evaluation in excess of 10 percent for degenerative disc disease of the cervical spine and lumbosacral spine.

The Board denied service connection for back, left leg and hip, right hip disabilities as secondary to a service-connected right knee disability. The veteran was also denied a temporary total convalescent rating due to treatment of his right hip disability, an increased rating for his right knee disability, a compensable rating for thrombophlebitis of the right lower extremity, special monthly compensation based on need for regular aid and attendance or being housebound, and a TDIU rating.

The Board denied the veteran's claim for service connection for a low back disorder, finding that there was no evidence to support a link between the condition and his active military service.

The appellant's service-connected disabilities do not render him unable to care for most of his daily personal needs without regular assistance from others or to protect himself from the hazards and dangers of his daily environment, thus he is not entitled to special monthly compensation based on the need for aid and attendance. The claimant also does not meet the criteria for an earlier effective date for the grant of special monthly compensation.

The veteran's bronchial asthma was rated at 30 percent prior to October 26, 2006, and increased to 60 percent from that date. The lumbosacral strain did not warrant a rating in excess of 10 percent.

The veteran withdrew her appeals for service connection and increased ratings, resulting in the dismissal of all claims.

The Board granted a 20 percent rating for degenerative disc disease of the cervical spine, but denied an increased rating in excess of 20 percent for degenerative disc disease of the lumbar spine.

The veteran's lumbosacral disc disease did not meet the criteria for a higher evaluation during the periods in question.

The veteran's claims for initially compensable evaluations for right knee tendonitis, lumbosacral strain, sinusitis, and hypertension are being remanded for additional VA examinations to determine the current severity of these service-connected conditions.

The appeal is remanded to the RO for further development of evidence regarding the veteran's back disability, including an examination to determine if there is a link between his current condition and his military service.

The Board concludes that the evidence is at least evenly balanced as to whether the veteran's lumbosacral spine disc disability is related to service, and therefore, service connection is warranted.

The Board granted service connection for post-traumatic low back strain, but denied service connection for carpal tunnel syndrome of the wrists and left leg paresthesias.

The Board denied the veteran's claim for service connection for degenerative arthritis of the lumbar spine, finding that it was not incurred in or aggravated by active service and is unrelated to his service-connected left knee disorder.

The veteran's service connection for PTSD was granted, and the ratings for degenerative arthritis of the thoracolumbar spine and residuals of a hemorrhoidectomy were increased to 10 percent and 30 percent, respectively.