Back / lumbar spine decisions — 2008

The veteran's claims for service connection for a right knee disability and back disability were denied. The RO granted the veteran's claims of entitlement to service connection for diabetes mellitus, coronary artery disease, status post arteritic ischemic optic neuropathy of the right eye, status post right 4th metacarpal fracture, peripheral neuropathy of the right lower extremity, peripheral neuropathy of the left lower extremity, peripheral vascular disease of the right lower extremity, and peripheral vascular disease of the left lower extremity.

The Board has denied the veteran's claims for higher initial ratings for residuals of a prostatectomy to include urinary frequency, finding that the evidence does not warrant a rating in excess of 40 percent prior to November 4, 2004 and a rating in excess of 60 percent since November 4, 2004.

The veteran's claims for service connection for diabetes mellitus, type II and asthma were denied in March 1985. The RO granted service connection for lumbar strain, acne scars on both cheeks, a left ankle disability, acne scars of the back, and rhinitis with an effective date of September 15, 2004.

The Board has reopened the claim for service connection for a back disorder and granted it, finding that there is sufficient evidence to establish a current disability, its onset during active service, and a link between the two. The left knee disorder was not found to be incurred in or aggravated by active service.

The Board denied the veteran's claims for an increased rating for his low back disability and a TDIU due to service-connected disabilities. The evidence did not support granting either claim.

The Board found that the veteran's low back disorder was not incurred or aggravated by service and denied his claim for service connection. For his right hand injury residuals, the Board determined that a compensable rating is not warranted.

The Board found no evidence of current neck or low back disabilities related to service. The veteran's complaints were not documented in service records and there is insufficient medical evidence linking her current conditions to her military service.

The veteran's claim for an initial higher rating for lumbar spine strain with degenerative joint disease, L4-5 is being remanded due to the need for VCAA-compliant notice and additional VA medical records.

The Board has determined that new and material evidence has been received to reopen the veteran's claims for service connection for bilateral foot disability, left knee disability, and low back disability. The claims are now considered for further review.

The Board has determined that the veteran's lumbar spine disability, which includes degenerative disc disease and back injury residuals, warrants a 40 percent evaluation. The condition does not meet criteria for an increased rating as there is no evidence of unfavorable ankylosis or incapacitating episodes.

The veteran's claim for a higher rating for his service-connected chronic lumbosacral strain was denied, as the evidence did not show that his disability warranted an evaluation greater than 20 percent. The tinnitus claim was also denied due to lack of evidence linking it to service.

The Board has denied the veteran's claims for service connection for low back and right knee disabilities, finding that there is no evidence of a current disability related to service.

The Board has remanded the case due to insufficient consideration of evidence regarding the etiology of the veteran's low back disability, including a lack of medical opinion on whether it is related to service. The case will be returned for further development and an examination by a VA orthopedic physician.

The Board denied the veteran's increased rating claim for his service-connected low back strain with degenerative disc disease of the lumbar spine, and also denied his earlier effective date claim. The veteran was awarded a 20 percent disability rating in April 2005.

The veteran's appeal is being remanded for further development, including a VA examination to assess the impact of his service-connected disabilities on his ability to use assistive devices.

The veteran's claims for increased ratings and service connection were dismissed due to untimely Substantive Appeals.

The veteran's claims for increased ratings, special monthly compensation, and TDIU were denied. Retroactive payment for disability compensation at a rate with one dependent as a result of school attendance was also denied.

The Board has determined that the veteran's preexisting right hip fracture malunion was aggravated during his second period of service, and a low back disability (spondylolisthesis at L5-S1) incurred in service. The presumption of aggravation applies to both conditions.

The veteran's appeal is being remanded for additional development, including VCAA notice and an opinion regarding his ability to secure or follow a substantially gainful occupation due to service-connected disabilities.

The Board denied the veteran's claims for increased ratings for his right knee disability and bilateral hearing loss, as well as service connection for shin splints of both legs and a lower back condition. The case is being remanded to obtain additional medical records and schedule the veteran for an orthopedic examination.