Back / lumbar spine decisions — 2008

The veteran's claims for service connection are being remanded to obtain additional evidence and ensure proper consideration of his claims.

The Board has determined that the veteran's arthritis of the left knee and low back disorder are not related to his military service or his service-connected right knee disability, and thus denied both claims.

The veteran's bronchial asthma is rated at 30 percent, but does not meet the criteria for a higher rating.,There is no evidence of a chronic low back disorder in service and the current low back disorder is unrelated to active duty.

The veteran's lumbosacral strain is currently evaluated at 20 percent, reflecting the range of motion and associated symptoms. The evaluation remains unchanged.

The Board denied the veteran's claims for increased ratings for his post-operative right knee disability, a compensable initial evaluation for patellofemoral syndrome of the left knee, and service connection for low back disability. The claim for service connection for an acquired psychiatric disability was remanded.

The Board denied the veteran's claims for earlier effective dates for his increased disability rating and TDIU, finding that the earliest date as of which it was ascertainable that an increase in his service-connected low back disability occurred was December 7, 2004.

The Board has decided to remand the case for additional development, including obtaining medical records and conducting a special examination to determine if the veteran requires aid and attendance.

The veteran's service-connected degenerative disc disease of L5-S1, right S1 radiculopathy (claimed as a right hip disorder), subacromial impingement and rotator cuff tendonopathy of the right shoulder, and subacromial impingement and rotator cuff tendonopathy of the left shoulder are each rated at their maximum allowable evaluations. The veteran's bilateral otitis externa is not currently manifested by any symptoms.

The Board denied the veteran's claims for increased ratings for bilateral hearing loss and tinnitus, as well as his claim for service connection for a low back disability. The evidence did not support granting any of these claims.

The veteran's appeal is being remanded for additional development, including obtaining VA medical records and scheduling a VA examination to assess the severity of his service-connected chronic lumbosacral strain.

The Board denied service connection for a chronic low back disorder and basilar artery insufficiency due to exposure to Agent Orange. The veteran's current claim for service connection for basilar artery insufficiency is based on exposure to Agent Orange, which is considered a separate issue from the one previously denied.

The Board granted service connection for thoracolumbar strain with a 10 percent rating effective August 13, 2005. The veteran's claims for bilateral pes planus and migraine headaches were denied.

The Board found that the veteran's current back condition is not related to his service and denied his claim for service connection.

The Board has remanded the case for further examination and readjudication due to incomplete neurological evaluation.

The Board has determined that the veteran's claims for service connection for residuals of a head injury, low back disability, and cervical spine disability are not supported by the evidence of record. The preponderance of the evidence is against these claims.

The Board denied the veteran's claim for a rating greater than 20 percent from May 19, 2003, for compression fracture of the 8th thoracic vertebra with degenerative changes and lumbar spine condition with numbness to the legs.

The Board denied the veteran's claim for an effective date prior to September 25, 2000, for a 40 percent rating for service-connected recurrent lumbar strain with facet disease at L5-S1.

The Board has remanded the case for additional development to determine if current degenerative changes of the cervical, thoracic, and lumbar spine began during service.

The Board denied the veteran's claim for an increased rating for her low back disability and also denied her claim for nonservice-connected pension benefits. The effective date of the 20 percent rating for her low back disability was not changed.

The veteran's claims for increased ratings for his service-connected right wrist fracture, lumbosacral spine disability, and cervical spine disability were denied. The RO assigned the maximum schedular rating of 10 percent for each condition.