Back / lumbar spine decisions — 2008

The veteran's osteoporosis of the lumbar spine with osteopenia of the left hip is currently rated at 10 percent disabling, and the Board finds that this rating adequately reflects her current functional impairment.

The veteran's claims for higher ratings and service connection were denied. His initial rating claim for low back pain was not granted as his disability did not meet the criteria for a higher evaluation, and he did not have residuals of knee injuries.

The Board denied the veteran's claims for increased ratings for hemorrhoids, and did not establish service connection for prostate disability, lumbar disc disease with sciatic radiculopathy, colon disability, or bladder disability as secondary to service-connected hemorrhoids.

The Board found that the veteran's DDD and DJD of the lumbosacral spine were not incurred in or related to his military service, as there was no evidence linking his current condition to his inservice back pain. The claim for service connection is denied.

The Board has decided to remand the case for further examination and evaluation of the veteran's disabilities, as well as a determination on whether he is unemployable due to nonservice-connected conditions.

The Board has decided to remand the veteran's claims due to incomplete records and need for further medical examination.

The veteran's appeal has been dismissed as she requested withdrawal of the appeal prior to a decision being made.

The veteran served as a tail gunner during World War II and claims he developed a back disorder due to repeated jumps from the back of B-29 aircraft. The Board finds that an examination is needed to determine if his current back disorder is related to service, specifically jumping from the plane's back.

The Board found that the veteran's lumbar spine disability and psychiatric disability (depression) were not incurred or aggravated during his service. The claim for secondary service connection for sinusitis was remanded due to lack of evidence.

The veteran's claim for service connection for bilateral hearing loss disability, tinnitus, left hamstring disability, neck disability and low back disability was denied as he does not have a current hearing loss disability in either ear.

The veteran's claim for higher ratings for his back disability was denied. The initial rating of 10 percent prior to July 22, 2008, and the increased rating of 20 percent after that date were both denied.

The Board has remanded the case for additional development due to the need to obtain medical records from the veteran's providers.

The Board has determined that the veteran's service-connected lumbosacral strain warrants a 20 percent disability rating, effective from the date of the claim.

The Board has decided to remand the case for additional development, including obtaining medical records and scheduling a VA examination.

The Board found that the veteran's degenerative joint disease of the lumbar spine did not manifest in service or within one year of discharge, and is not shown to be causally related to service. Therefore, the claim for service connection was denied.

The Board has determined that the veteran does not have prostate cancer, degenerative joint disease (DJD), or degenerative disc disease (DDD) as a result of military service including exposure to mustard gas and pesticides. As such, these claims for service connection are denied.

The Board has denied the veteran's claims for service connection for left knee, right knee, headaches, and low back disabilities. The evidence submitted since the last denial does not relate to an unestablished fact necessary to substantiate any of these claims.

The Board found that the veteran's low back disability, to include strain, sprain, and/or disc disease, was not incurred in or aggravated by active service. The arthritis could not be presumed to have been incurred therein.

The veteran has withdrawn his appeals for the denial of service connection for a rash of the left ankle and lumbosacral strain.

The Board denied the veteran's claim for service connection for a back disorder and bilateral hearing loss. The decision also granted an initial rating of 20% for his service-connected left knee disability, effective March 27, 2008.,The veteran was not shown to have a current diagnosis of a back disorder or bilateral hearing loss that is related to service or a service-connected condition.