Back / lumbar spine decisions — 2008

The veteran's claims for service connection were denied, and he did not timely file a substantive appeal. As such, the Board has dismissed his appeals.

The Board has denied the veteran's claims for service connection for a low back disorder, left hip degenerative joint disease, and bilateral hearing loss. The evidence does not support a finding that these conditions are related to his military service.

The Board has denied the veteran's claims for service connection for tinnitus, a back condition, and non-Hodgkin's lymphoma. The evidence does not support these claims.

The veteran withdrew his appeal for increased ratings of his lumbar spine and right knee disabilities, indicating he was satisfied with the November 2007 rating decision. The Board has dismissed these matters as a result.

The veteran withdrew his appeal regarding the issue of whether new and material evidence had been received to reopen his claim for a ventral hernia. The appeals for service connection for a low back disorder and an increased evaluation for chronic left ankle sprain residuals are dismissed as well.

The veteran's appeal is being remanded due to the need for additional development, including a VA examination to determine the etiology of his right ear hearing loss and tinnitus. The case will be returned to the RO after this development.

The veteran's lumbar strain, mild, with recurrent exacerbation and degenerative disc disease, L5-S1, is currently rated at 20 percent prior to September 1, 2004, and increased to 40 percent from that date.

The veteran's claim for specially adapted housing or a home adaptation grant is being remanded due to the need for further examination and consideration of his service-connected disabilities, including his spine disability.

The veteran's claims for increased ratings and service connection were denied. The VA found that the evidence did not meet the criteria for higher disability evaluations or service connection.

The VA denied the veteran's claims for increased ratings for his degenerative arthritis of the lumbosacral spine, finding that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The veteran's PTSD is currently rated at 30 percent, and the RO has granted an increased evaluation to 50 percent effective September 2004. The evaluations for degenerative disc disease of the lumbar spine, arthritic changes of the right shoulder, myofascial dysfunction of the left posterior shoulder girdle, and scar on the forehead remain at their current levels.

The Board has remanded the case due to the need for additional development of evidence, including obtaining medical records and personnel records from the veteran's employment.

The Board has decided to remand the case due to incomplete service medical records and missing private treatment records. The veteran's claim for service connection for a low back disability will be reconsidered after obtaining all relevant records.

The Board has determined that service connection for the February 2003 low back epidural injection is not warranted due to it being a non-service-connected condition. The issues of evaluation of migraine headaches, degenerative disc disease of the lumbar spine with complaints of sciatica, entitlement to TDIU, and nonservice-connected pension are remanded.

The VA denied a higher rating for the veteran's lumbar disc disease, as it currently meets the criteria for a 60 percent evaluation.

The Board has remanded the case for additional development, including a VA examination to determine if the veteran currently has lumbosacral strain and whether any such condition is related to his military service. The claim will be reconsidered based on the new evidence.

The Board found that the veteran does not have a back disability related to service and denied his claim.

The VA denied the veteran's increased rating claim for his service-connected degenerative disc disease of the lumbar spine, as well as his claims for service connection for sleep apnea and bilateral foot disability.

The veteran's service-connected conditions do not render him unemployable due to their severity.

The Board found that the veteran's current back disability pre-existed his military service and was not aggravated by it, thus denying service connection.