Back / lumbar spine decisions — 2008

The Board has granted service connection for peripheral neuropathy of the left and right lower extremities as secondary to the veteran's service-connected degenerative disc disease of the lumbar spine.,Service connection was also granted for tinnitus, which is believed to be due to noise exposure during military service.

The veteran's claim for an increased disability rating for his service-connected low back disability is being remanded due to procedural defects in the VCAA notice provided.

The Board has ordered a remand due to the need for an adequate medical opinion regarding whether the veteran's current low back disability is related to his military service. The case will be returned to the RO for further development and adjudication.

The veteran's claim for an increased disability rating for her service-connected lumbosacral strain is being remanded due to procedural issues and the need for proper VCAA notification.

The Board has determined that the veteran does not have a back disability related to his military service and therefore denied his claim for service connection.

The Board has determined that the veteran's current low back disability is not related to service, and therefore denied his claim for service connection.

The Board has determined that the veteran's low back disability is not proximately due to or the result of his service-connected disabilities of his right lower extremity, and therefore denied the claim for secondary service connection.

The Board has remanded the case for further review, including obtaining VA medical records and conducting examinations to assess the veteran's low back disability.

The Board found that the veteran's Scheuermann's disease preexisted service and was not aggravated therein. The current back disability is not etiologically related to service.

The Board has denied the veteran's claims for service connection for a back disorder and his claim for a permanent and total disability rating for nonservice-connected pension purposes.

The Board has determined that the veteran does not have a current low back disability and therefore, service connection for this condition is denied.

The Board found that a current low back disability was not incurred in or aggravated by active service and denied the claim for service connection.

The veteran's service-connected lumbar strain, degenerative disc disease, and arthritis have been rated at 20 percent from October 1, 2002 to February 16, 2006; 40 percent since May 19, 2007. No additional neurological disability has been shown during the period of increased ratings.

The veteran's claim for an increased evaluation of her service-connected post-operative lumbar discectomy right L4-L5 with limitation of motion of the lumbosacral spine was granted, and she is now rated at 40 percent. The claim for secondary service connection for a right ankle disorder was also granted.

The Board has determined that it is not factually ascertainable that the veteran became unemployable due to his service-connected disabilities within a year prior to December 22, 1999. As such, the effective date for the TDIU award cannot be earlier than December 22, 1999.

The Board found that the veteran's low back disorder was not incurred in or aggravated by service and is unrelated to a service-connected disability. The claim for service connection was denied.

The Board denied service connection for a left knee disability and degenerative joint changes of the lumbar spine, finding that these conditions are not related to service or service-connected disabilities.,A rating higher than 20 percent for residuals of right knee injury with anterior cruciate ligament reconstruction was also denied.

The Board denied service connection for PTSD, back disability, bronchitis, and liver disability due to lack of evidence supporting the veteran's claimed in-service stressors and failure to provide sufficient details regarding his alleged combat experiences. The claim for chloracne related to Agent Orange exposure is pending.

The Board denied the veteran's claims for service connection for right eye strain and degenerative disc disease of the lumbar spine, finding no evidence linking these conditions to service or a service-connected disability.

The Board denied increased disability ratings for cervical spondylosis, degenerative disc disease with spondylosis of the lumbar spine (prior to June 9, 2005 and from June 9, 2005 onwards), and facial paralysis, residuals of basal skull fracture.