Back / lumbar spine decisions — 2008

The Board found no new and material evidence to reopen the claim for service connection for a low back disorder. The veteran's service medical records showed he had spondylolysis and spondylolisthesis, but there was insufficient evidence to determine if his current low back disorder is related to service.

The Board has ordered additional development due to the need for more recent VA treatment records and clarification of service connection issues.

The veteran's service-connected conditions do not prevent him from engaging in substantially gainful employment.

The Board denied the veteran's claims for service connection for hepatitis C, PTSD, a low back disorder, and a right shoulder disorder. The denial was based on lack of evidence linking these conditions to his military service.

The Board has determined that the veteran's lumbar degenerative disc and joint disease is aggravated by his service-connected left knee disability, warranting service connection.

The Board finds that the veteran did not incur or aggravate a back disability during service and there is no evidence of arthritis within one year of her service separation. Therefore, service connection for a back disability is denied.

The veteran's claim for TDIU is being remanded due to the need for a VA examination and medical opinion regarding his unemployability.

The Board has determined that the veteran's current low back condition is not related to his in-service pilonidal cyst removal and does not have a connection to any in-service injuries. As such, service connection for this condition cannot be granted.

The veteran's service connection claims for irritable bowel syndrome, anemia, and a great toe disorder (exostosis) have been granted. The veteran also has service-connected degenerative disc disease of the cervical spine, left heel spur with plantar fasciitis, gastrointestinal reflux disease, and hemorrhoids. His right ear hearing loss is rated as compensable.

The veteran's claim for an initial rating higher than 20 percent for his cervical spine disability was granted, and he is currently rated at 20 percent. The effective date of the grant of service connection remains under review.

The Board has remanded the case due to potential prejudice and the need for a VA spine examination. The veteran's claims for higher ratings for his lumbar and cervical spine disabilities are inextricably intertwined with this issue.

The veteran's claims for higher ratings for his service-connected lumbar spine and right hip disabilities are being remanded to the RO for additional development.

The veteran is seeking compensation under 38 U.S.C.A. § 1151 for additional disability of the lumbar spine, hips and undue stress due to a March 25, 2004 VA examination, and/or May 11, 2004 VA bone marrow biopsy. The Board has determined that a remand is necessary to determine if there was any additional disability resulting from these examinations and whether it was caused by negligence.

The Board has denied the veteran's claims for service connection for left knee, left shoulder, and low back disorders due to a lack of evidence of current disabilities. The right knee and left ankle disorders are found to be related to post-service trauma.

The veteran's appeal is being remanded due to confusion regarding his desire for a personal hearing. The case will be returned to the RO for appropriate action.

The Board has determined that the veteran does not have current disabilities related to his service-connected conditions, and therefore denied all claims for service connection.

The Board has reopened the claims of service connection for bilateral sensorineural hearing loss and tinnitus, but denied the claim of service connection for degenerative joint disease of the lumbar spine. The evidence submitted since the previous denial does not relate to an unestablished fact necessary to substantiate any of these claims.

The Board denied reopening the previously denied claim for service connection for a lumbar disc disease and also denied the claim for a compensable evaluation for residuals of gunshot wound to the back. The veteran's statements and testimony were not considered new or material evidence.

The Board has determined that the veteran's current back disorder, diagnosed as bilateral spondylosis with grade I spondylolisthesis at L5-S1, results from an in-service injury sustained in November 1983. As such, service connection for this condition is granted.

The veteran's appeal is being remanded due to the need for proper VCAA notification regarding increased rating for his lower spine disorder.