Back / lumbar spine decisions — 2008

The Board has restored service connection for hearing loss, but denied the veteran's claims for a back disorder and severance of service connection for hearing loss. The issue of entitlement to a compensable rating for hearing loss is addressed in the REMAND portion of the decision.

The Board has restored the veteran's original 40 percent rating for his service-connected low back disability, effective September 1, 2005.

The Board has determined that the veteran's hip and back disorders are not related to service, and therefore denied his claims.

The Board denied the veteran's claims for increased ratings for his degenerative joint disease of the cervical and lumbosacral spines, finding that the evidence did not support a higher rating under VA's rating criteria.

The Board has denied the veteran's claim for service connection for a low back disability, finding that there is no evidence to support an etiological link between his current condition and his military service.

The Board has denied the veteran's claim for service connection for a lower and upper back disorder, finding that there is no evidence of an injury or disease during active duty and no medical opinion linking the current condition to service.

The Board has remanded the case for additional development, including obtaining VA and non-VA medical records, scheduling a C&P examination, and providing notice consistent with Dingess v. Nicholson.

The Board has determined that the veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, and thus denies his claim for total disability rating based on individual unemployability.

The Board has granted a 40 percent rating for the veteran's low back disability, including lumbosacral strain, arthritis, and IVDS, effective from the date of the initial decision in this case.

The Board found that the veteran's lumbar strain did not warrant a rating in excess of 10 percent prior to September 26, 2003. The claim for higher ratings was denied as there is no evidence showing IVDS or arthritis, and the veteran's symptoms were considered with consideration of functional loss due to pain.

The Board found that the veteran's arthritis of the lumbosacral spine was not present in service or manifested for many years thereafter, and is not shown to be otherwise related to service. The preponderance of the evidence is against a finding that the veteran's arthritis of the lumbosacral spine was caused or worsened by his service-connected residuals of a left knee injury with a postoperative total knee arthroplasty.

The Board finds no evidence of a left leg disorder, bilateral knee disorder, or back disorder since service. The veteran's complaints are not supported by medical evidence and the claims are denied.

The Board has remanded the case for further development, including obtaining VA treatment records and providing notice compliant with VCAA requirements.

The Board denied service connection for herniated discs in the low back, finding that there is no evidence of a current disability related to military service.

The Board has determined that the veteran's back disorder was not incurred in service and may not be presumed to have been incurred in service. The evidence does not support a finding of service connection for the veteran's claimed back disorder.

The veteran's low back disability, characterized by forward flexion of the thoracolumbar spine to no more than 70 degrees and mild incomplete paralysis of the sciatic nerves, does not meet the criteria for a rating in excess of 60 percent.

The Board denied the veteran's claims for service connection for a back disorder and an innocently acquired psychiatric disorder, including PTSD, finding no evidence of in-service injury or combat experience that could support these claims.

The Board has denied the veteran's claims for service connection for a low back disability, bilateral knee disability, and right foot disability as secondary to his service-connected residuals of a left foot injury.

The veteran's knee and hip conditions have been evaluated, but the RO has determined that no increased ratings are warranted based on the current evidence of record.

The Board has determined that the veteran does not have a current back disorder that is causally related to his military service. Therefore, the claim for service connection for a back disorder is denied.