Back / lumbar spine decisions — 2008

The Board has determined that the veteran's claim for an effective date earlier than August 26, 2003, for the grant of service connection for a back disability is denied. The RO's decision became final when the veteran failed to appeal his claim within 60 days of receiving his SOC in November 2001.

The Board granted higher initial ratings for the veteran's service-connected low back disability and associated left lower extremity radiculopathy, but denied his claim for increased rating of bilateral plantar fasciitis.

The Board denied the veteran's claims for increased evaluations for his service-connected lumbosacral strain and right plantar fasciitis, finding that the evidence did not support a rating in excess of 10 percent.

The veteran's claims for service connection for various conditions, including depression and skin disabilities, were denied as there was no evidence of a chronic disability in service or for many years after service. The Board found that the preponderance of the evidence did not support the veteran's claims.

The Board denied the veteran's claims for service connection for PTSD, lumbar spine disability, headaches, upper respiratory disability, bilateral foot disorder, and OSA. The veteran was also denied entitlement to special monthly pension on account of being housebound or in need of aid and attendance due to his disabilities.

The veteran's service-connected mechanical low back pain, bilateral hearing loss, right knee patellofemoral pain syndrome, and left knee patellofemoral pain syndrome were evaluated at a 10 percent rating each. The appeal was denied as the evidence did not warrant an increase in any of these ratings.

The Board has determined that the veteran's low back disorder was not incurred or aggravated during service and is not related to his period of active duty. As a result, the claim for service connection for this condition is denied.

The Board granted service connection for lumbar spondylosis and status post radial and ulnar fracture with right elbow post-traumatic arthropathy, both rated at 10 percent. Service connection was denied for sciatic joint dysfunction and glaucoma.

The Board denied the veteran's claims for higher initial ratings for his right knee synovitis, left metacarpal fracture, lumbosacral spine degenerative changes, and right eye orbital zygomaticomaxillary fracture with coronal rupture. The RO initially assigned a 10 percent rating for the lumbosacral spine disability and zero percent (i.e., noncompensable) evaluations for the other disabilities.

The Board has ordered a new examination to determine the nature, etiology, severity, and date of onset of all current lumbar spine disabilities. The veteran's claim for service connection for his back condition is now before the Board for further consideration.

The Board granted service connection for PTSD and established a 70% disability rating, effective from July 31, 1997. The veteran's lower back disability claim was denied.,The February 1999 decision denying service connection for PTSD is considered to have been based on clear and unmistakable error (CUE), resulting in the grant of an earlier effective date.

The Board has granted service connection for osteoarthritis of the right knee and left knee, but denied service connection for degenerative disc disease of the lumbar spine.

The Board denied the veteran's claims for increased ratings for his service-connected low back injury and right sciatic nerve radiculopathy, finding that the evidence did not meet the criteria for higher evaluations under VA rating criteria.

The Board denied the veteran's claims for service connection for a disability manifested by right arm pain, and for increased ratings for lumbosacral strain, left hip bursitis, left patellofemoral syndrome, hyperextension injury residual bursitis of the right shoulder, and tooth extraction residual paresthesia of the left bottom lip. The veteran's service connection claim was denied as there is no evidence of a current chronic disability entity manifested by right arm pain. Increased ratings were also denied for all issues.

The Board has determined that the veteran's low back disability was not incurred in or aggravated by active duty, and therefore service connection is denied. The claim for PTSD will be remanded to obtain a medical opinion regarding its validity and etiology. The claim for neurologic residuals of head injury will also be remanded as it involves multiple symptoms including headaches and cognitive impairment.

The Board found that the veteran's current back disability, bowel incontinence, and bladder incontinence are not related to his active service or any incident therein. The erectile dysfunction was also not connected to his military service.

The Board denied the veteran's claims for reopening his previously denied service connection claims for arthritis of the leg joints and shoulders. The low back disability and emphysema issues were not addressed in this decision.

The Board denied the veteran's claims for service connection for poliomyelitis, right foot drop (claimed as post-polio syndrome), and a low back disorder. The evidence did not support a finding that these conditions were incurred or aggravated by active duty service.

The Board has remanded the case for further development, including obtaining service medical records and scheduling VA examinations to determine the nature and likely etiology of any current disabilities. The veteran's claims will be readjudicated based on the additional evidence.

The Board finds that the evidence does not show a current disability of the right ankle, low back, left knee, or sinus. Therefore, service connection for these conditions is denied.