Back / lumbar spine decisions — 2008

The VA granted a 40 percent rating for the mechanical low back pain effective from January 19, 2005.

The Board denied the veteran's claims for service connection and increased rating for various conditions, including hepatitis C, cervical spine fusion with residuals, lumbar spine injury with residuals, gunshot wounds to both knees, and left foot disability. The decision also addressed issues related to these conditions.

The Board has reopened the claims for service connection for injury to tailbone, including chip fracture, with low back pain and for a psychiatric disorder (schizophrenia), but denied them on their merits. The claim for service connection for perforated left eardrum remains denied.

The veteran's appeal is being remanded for additional development, including obtaining medical records and a new examination to assess the severity of her service-connected disabilities.

The Board found that the veteran's current respiratory problems are not related to his in-service exposure to asbestos or participation in Project SHAD. The Board also found no evidence of a chronic back disability and denied service connection for residuals of head injuries, including headaches.

The veteran's appeal is being remanded for additional development of his claims, including obtaining updated medical records and scheduling VA examinations to determine the severity of his low back strain and whether he has depression secondary to service-connected low back strain.

The veteran's low back disability is currently rated at 20 percent, effective October 5, 2004. His left knee disability remains at a 10 percent rating.

The veteran's claims for service connection were denied, and his claim to reopen a PTSD claim was also denied. The VA determined that the evidence did not meet the criteria for reopening the PTSD claim due to lack of new and material evidence.

The Board has determined that the veteran's current ankle, knee, hip, and low back disorders are not proximately due to or aggravated by his service-connected pes planus.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling examinations to assess the severity of the veteran's service-connected conditions.

The veteran's lumbar discogenic disease has not resulted in residuals such as fracture of a vertebra with cord involvement resulting in the veteran being bedridden or requiring long leg braces; complete bony fixation (ankylosis) of the spine at an unfavorable angle. Therefore, his claim for a higher rating is denied.

The Board found that the veteran's lumbar spine arthritis is not related to his military service and denied his claim.

The Board denied the veteran's claims for a compensable disability rating for bilateral hearing loss and service connection for a back disorder, finding that his current conditions do not meet the criteria for a higher rating or service connection.

The Board denied the veteran's claims for service connection for lumbosacral strain and spina bifida. The claim for lumbosacral strain was denied due to lack of evidence showing a pre-service injury or aggravation during service, while the claim for spina bifida was denied as there is no clear and unmistakable evidence that it was aggravated by service.

The veteran's service-connected herniated disc and herpes simplex virus were evaluated, but the claims for higher initial evaluations were denied as they did not meet the criteria established in the rating schedule.

The Board has ordered a remand to determine if the veteran's service-connected disabilities require regular aid and attendance, given his worsening condition since the last examination in October 2002.

The Board has remanded the case for additional development, including obtaining VA treatment records and arranging for a VA examination to determine if the veteran's current back disability is related to his service-connected PTSD.

The veteran's claims for increased evaluations and service connection are being remanded due to the need for additional medical records and examinations.

The Board denied service connection for degenerative changes of the lumbar spine and did not address the claims for bilateral hearing loss or tinnitus, as they were previously denied.

The Board has determined that the veteran's low back disorder and tinnitus were not incurred in or aggravated by service, nor can they be presumed to have been incurred in service. The preponderance of evidence does not support a finding that these conditions are related to military service.