Back / lumbar spine decisions — 2008

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

The Board has granted service connection for an acquired psychiatric disorder, currently diagnosed as dysthymia and depression, related to the veteran's service-connected disabilities. The TDIU claim is also granted due to the severity of the service-connected disabilities.

The Board has reopened the veteran's claim of service connection for DDD of the lumbosacral spine with left foot drop. However, it is denied as there is no evidence linking these conditions to service.

The Board has denied the veteran's claims for service connection for residuals of dental trauma and a back disorder. The claim for an increased rating for PTSD is also denied.

The Board found that the reduction of the rating from 40% to 20% for lumbosacral myositis was proper and upheld. The veteran's condition is currently rated at 20%.

The Board has determined that additional development is needed to determine if the veteran was exposed to stressors in service and to obtain his missing service medical records. The appeal will be remanded for these purposes.

The Board denied service connection for a cervical spine disorder, lumbosacral spine disorder, and hepatitis C.,There is no evidence of any chronic conditions related to the veteran's military service.

The Board has determined that the veteran's low back disability was not incurred in or aggravated by his military service, and thus denied the claim. The hearing loss issue is remanded for further development.

The veteran's service-connected degenerative disc disease, lumbar spine is currently rated at 40 percent and the claim for a higher rating is denied.

The Board has determined that the veteran's pre-existing bilateral pes planus was aggravated by service, and his low back strain with degenerative disc disease of the lumbar spine and chronic left knee strain with osteoarthritis were incurred in service.,Service connection is granted for all three conditions.

The Board has remanded the case for additional development, including obtaining Social Security Administration records and considering new evidence.

The Board granted service connection for degenerative joint disease of the thoracolumbar spine and assigned a 10 percent disability rating. The veteran's left foot disability was not granted service connection.

The Board denied the veteran's claims for service connection for various disabilities, finding no evidence of current diagnoses or a link to service.

The veteran's low back disability is rated at 40 percent, and a separate rating of 20 percent for left leg neuropathy is granted. The appeal regarding service connection for the liver, kidney, and left knee disabilities is addressed in the REMAND portion.

The Board has determined that new and material evidence was submitted to reopen the claim for service connection for post-operative residuals of right leg fracture, but denied the claims on the merits.,Service connection for a spine disorder is not granted as there is no evidence it is related to an in-service disease or injury. The loss of use of both legs is also not granted as there is no evidence it is related to an in-service disease or injury.

The Board has granted a 20 percent rating for the veteran's lumbar spine disability, effective from December 1, 2001. The TDIU was also granted effective May 8, 2000.

The Board has remanded the case for additional development, including obtaining VA and private treatment records, scheduling a VA examination, and considering the provisions of 38 C.F.R. § 3.310 and Allen v. Brown.

The Board denied the veteran's claims for increased ratings for his service-connected degenerative joint disease of the lumbosacral spine, post-operative meniscectomy of the right knee, and traumatic arthritis of the right knee. The RO had previously granted a 40% rating effective December 18, 1989.

The veteran's lumbosacral strain has not been manifested by unfavorable ankylosis of the lumbar spine, unfavorable ankylosis of the entire thoracolumbar spine, or objective evidence of compensable adverse neurological symptomatology. Therefore, a higher rating is denied.,Since August 7, 2003, the veteran's tinea versicolor has not been manifested by involvement of over 20 to 40 percent of the entire body, or involvement of 20 to 40 percent of exposed areas, nor has systemic therapy such as corticosteroids or other immunosuppressive drugs been required for a total duration of six weeks or more, but not constantly, during a twelve month period. Therefore, a higher rating is denied.