Back / lumbar spine decisions — 2008

The veteran's gouty arthritis affecting the knees is rated at 100 percent, and he has a thoracolumbar disability that is secondary to his gouty arthritis. The Board granted both issues.

The veteran's claims for service connection for bilateral hearing loss, arthritis of the lumbar spine, and varicose veins and thrombophlebitis of the right leg are denied as there is no competent medical evidence linking these conditions to his active military service.

The veteran's TDIU claim is being remanded due to the need for additional records from SSA and clarification on whether his service-connected orthopedic disorders alone prevent him from securing or following a substantially gainful occupation.

The veteran is seeking service connection for a lumbar spine disability. The Board finds that the standards of McLendon v. Nicholson are met, and thus a VA examination is necessary to determine if his current disability may be related to his military service.

The veteran's low back disability warrants a rating of 20 percent prior to December 28, 2005, and a rating of 40 percent from that date onward.

The Board has reopened the veteran's claim for service connection for a back disorder due to new evidence submitted by the veteran, but further development is needed before a final decision can be made.

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

The veteran's claims for reopening service connection for lumbosacral strain and tinnitus, as well as his claim for an increased rating for bilateral sensorineural hearing loss are all pending. The decision is mixed, with some issues granted and others not.

The veteran is seeking service connection for a low back disorder that he claims is secondary to his service-connected right ankle arthritis. The case has been remanded due to the need to obtain additional medical records and an examination.

The veteran's claim for an increased rating for his service-connected thoracolumbar strain with mid-thoracic vertebral wedging and degenerative changes is being remanded due to inadequate examination in the prior decision. The VA will schedule a new orthopedic examination to evaluate the current level of disability caused by his condition.

The Board has remanded the case due to inconsistencies in the December 2006 VA examination report and the need for a new examination by another physician. The veteran's claim for service connection for a back disorder, related to his bilateral pes planus, is pending.

The Board denied the veteran's claim for an increased rating for her service-connected degenerative disc disease of the lumbosacral spine, currently rated at 40 percent.

The Board has determined that the veteran requires regular aid and attendance due to his service-connected disabilities, which create a hazard in his daily environment.

The veteran's appeal is being remanded for additional development, including a mental VA examination and a general VA employment assessment.

The veteran's appeal of direct service connection for lumbar spine disability has been withdrawn, and the Board has no further jurisdiction in this matter. The case is being remanded to determine if bilateral pes planus was aggravated during service.

The Board has granted service connection for tinnitus, finding that the veteran's current tinnitus is related to his military service. The remaining claims are addressed in the REMAND portion of this decision.

The Board denied the veteran's claims for service connection for various conditions, including a back disorder, left hip disorder, left leg disorder, left ankle disorder, and peripheral neuropathy of the left lower extremity. The evidence did not support a finding that these conditions were related to her active service.

The veteran's service-connected back disability was increased to a 40 percent rating effective May 6, 2008. The temporary total disability rating for convalescence following surgery in February 2003 has been granted.

The Board found that the veteran's current spinal and joint conditions are not related to his service, including a motorcycle accident in service. Service connection was denied for all claimed disabilities.

The Board granted the veteran's claim, assigning a 60 percent disability rating for his low back disability effective from April 30, 2008.