Back / lumbar spine decisions — 2008

The Board denied service connection for lumbosacral sublux/strain/sprain and did not reopen the claim of service connection for basal and squamous cell carcinomas on various body parts due to lack of new and material evidence. The veteran's current conditions are not presumed or directly related to his military service.

The Board denied service connection for recurrent headaches and residuals of a low back injury, finding that the evidence was in equipoise as to whether there is a nexus between these conditions and service. The veteran's current diagnoses were not established during service.

The Board found that the appellant's lumbar spine degenerative disease was not incurred or aggravated in service and arthritis may not be presumed to have been incurred during service. The claim for a higher rating for bilateral hearing loss disability prior to March 18, 2004, is denied.

The veteran's combined disability rating is 30%, which does not meet the criteria for special monthly pension based on need for regular aid and assistance or housebound status.

The veteran's degenerative joint disease of the lumbar spine is currently rated at 10 percent disabling, effective from April 27, 2007. The disability was previously rated as 0 percent prior to that date.

The Board denied a rating in excess of 10 percent for the veteran's service-connected lumbar strain prior to January 19, 2008 and denied a rating in excess of 20 percent from that date.

The Board has decided to remand the case for additional development of missing evidence, including service treatment records and VA medical center records.

The Board has determined that the veteran's current left knee disability was caused by an injury during service, and therefore grants service connection for residuals of a left total knee replacement.

The Board found that the veteran's low back disability warranted a 20 percent evaluation, effective from May 2002.

The veteran's claims for increased ratings for bronchial asthma and lumbosacral strain, as well as a total rating based on individual unemployability due to service-connected disabilities, have been denied because the veteran failed to report for scheduled VA examinations.

The Board found no evidence linking the veteran's current low back condition to his active duty service, and thus denied the claim for service connection.

The Board has ordered the VA to obtain treatment records from Dr. Patel and Tri-State Clinic in Grundy, Virginia, and request that someone from that office identify what disabilities correspond to diagnostic codes 724.5 and E819 listed on those sheets. The case will then be readjudicated.

The Board found no evidence of a service injury or incident that caused the veteran's current low back disorder and right ankle disorder, thus denying his claims for service connection.

The Board has granted a higher rating of 40 percent for the veteran's low back disability, effective April 24, 2008.

The Board has determined that new and material evidence has not been received to reopen the claim of service connection for a left knee disability. The veteran does not have a low back disability or PTSD related to military service.

The Board has granted service connection for GERD and a rating of 40 percent for degenerative joint disease of the lumbar spine, effective from September 25, 2000.

The Board has determined that service connection is not warranted for cervical spine disability and lumbar spine disability. The veteran's current disorders of the cervical and lumbar spines were not incurred in or aggravated by active duty.

The Board has determined that the veteran's lower back disorder was not incurred in or aggravated during active service and therefore denied his claim for service connection.

The veteran's claims for increased ratings for residuals of a discectomy of the lumbar spine and neuralgia of the right leg due to service-connected lumbar spine disability were denied as there is no evidence of incapacitating episodes or chronic orthopedic and neurologic manifestations that would warrant separate evaluations.

The Board found that the veteran does not have arthritis in multiple joints to include his left shoulder, bilateral hands, lumbar spine, and left knee due to service. The sinusitis claim was denied as it is not proximately due to or the result of the service-connected residuals of shell fragment wound to the forehead.