Back / lumbar spine decisions — 2008

The Board has determined that the veteran's service-connected bilateral foot disability, lumbar spine sprain, and residual scarring from surgery on the right ankle/foot do not warrant higher initial ratings. The RO granted service connection for these conditions with effective date in October 2004.

The Board denied the veteran's claims for higher initial disability ratings for L4-5 radiculopathy of the left lower extremity and lumbar spine disability, finding that the evidence did not support a higher rating based on the clinical findings.

The veteran's service-connected disabilities do not result in the loss or loss of use of any extremity or blindness in both eyes, thus failing to meet the criteria for a certificate of eligibility for assistance in acquiring specially adapted housing.

The veteran's service-connected conditions do not meet the criteria for eligibility for financial assistance in purchasing an automobile and adaptive equipment, as his disabilities have not resulted in loss of use of one or both feet.

The veteran's claim for payment or reimbursement of private medical expenses for psychiatric treatment after January 1, 2003 from the Great River Trauma Counseling & Education Center is denied as prior authorization was not obtained and no emergency situation existed.

The Board denied service connection for the claimed conditions, finding no evidence linking them to active service or undiagnosed illness.

The veteran's appeal is being remanded for further development, including a VA examination and scheduling of the veteran for a Travel Board hearing.

The Board denied service connection for a neurological condition, back condition, and heart condition. The veteran's current conditions are not related to his military service.

The veteran's initial rating for degenerative disc disease of the cervical spine with spondylosis was increased to 30 percent effective June 11, 2007. The veteran is now rated at 40 percent for degenerative disc disease of the lumbar spine with spondylosis from that date.

The Board has reopened the veteran's claim for service connection of a lumbar spine disorder based on new evidence received since the May 2002 denial. The claim is now considered to be well-grounded.

The veteran's PTSD with secondary major depression was granted a higher initial evaluation of 50 percent effective November 7, 2005. Service connection for an eye condition is not warranted.

The veteran's right shoulder disability was rated at 40% from July 1, 2003 to May 26, 2006 and from August 1, 2006. The left shoulder disorder was rated at 10% from July 1, 2003 to July 6, 2003.,The veteran's cervical strain with arthritis and low back strain were both rated at 20%. There is no rating assigned for the right foot arthralgia.

The Board has determined that the veteran does not have any of the claimed conditions attributable to military service.

The veteran is granted a 20 percent evaluation for chronic lumbar strain from July 26, 2003. The veteran's migraine headaches are rated at 30 percent effective the same date.

The veteran's service connection claims for gout, residuals of stroke, right knee and lower leg disorder with bone prominence, low back disorder, neck disorder, peripheral neuropathy of the right hand, and PTSD were all denied. The Board found that there was no evidence linking these conditions to his active duty.

The Board denied the veteran's claims of entitlement to service connection for bilateral hearing loss, low back disability, and skin cancer. The evidence did not support a finding that these conditions were incurred or aggravated by military service.

The veteran's service-connected bilateral hearing loss is rated at 30 percent, but the Board finds that a higher rating is not warranted.,The veteran's service-connected degenerative disc disease of the lumbar spine is currently rated at 20 percent. The Board finds no basis to grant a higher rating.,The veteran's hiatal hernia and duodenal ulcer are currently rated as noncompensable, but the Board finds that a compensable rating is warranted based on their severity.,The cervical strain with limitation of motion is found to be secondary to service-connected low back disability. The Board grants service connection for this condition.,The veteran's bilateral knee disorder is not considered to be related to his service or any service-connected disability, and the Board denies service connection.

The Board has granted an initial rating of 30 percent for post-traumatic headache disorder, effective from July 2004. Service connection was denied for degenerative disc disease of the lumbosacral spine.

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

The Board has determined that the veteran's claimed conditions, including bilateral hearing loss, right and left shin disorders, and lumbosacral strain, are not service-connected as they were not incurred or aggravated during active duty.