Back / lumbar spine decisions — 2008

The VA denied the veteran's claim for a higher rating for his degenerative disc disease of the lumbar spine, maintaining it at 40 percent.

The Board has determined that the veteran is entitled to service connection for a back disorder, as there was an observed condition during active service and continuity of symptomatology after separation.

The veteran's claim for increased evaluations for chronic mechanical low back pain with degenerative changes was denied. The RO found that the disability did not meet the criteria for a compensable evaluation from May 20, 1997 to October 16, 2002 and did not warrant an increase in rating beyond 20 percent from October 17, 2002 to February 27, 2007. The disability was found to be at least as disabling as a 40 percent evaluation.

The veteran's claim for special monthly pension based on the need for aid and attendance of another person or by reason of being housebound is remanded due to unclear condition status and outstanding VA records.

The Board has determined that the veteran does not have any of the claimed conditions related to service and therefore denied all claims for service connection.

The veteran is seeking service connection for left ear hearing loss and lumbosacral strain. The Board has determined that additional development, including a VA examination, is necessary to determine the nature and etiology of these conditions.

The Board denied the veteran's claims for increased ratings and a temporary total convalescent rating, finding that the surgeries were not related to her service-connected conditions.

The Board has determined that the veteran does not have a current lumbar or cervical spine disability, nor any residuals of a head injury, that are causally related to service. Therefore, service connection for these conditions is denied.

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

The veteran has withdrawn his appeals for the initial increased evaluations of his service-connected lumbar strain, carpal tunnel syndrome (left and right wrists), left ankle, and hiatal hernia with gastroesophageal reflux disease.

The Board has granted a 60 percent evaluation for the veteran's degenerative disc disease of the lumbar spine, effective from the date of the decision. The left hand carpal tunnel syndrome is rated at 10 percent prior to July 22, 2003 and 20 percent as of that date.

The Board denied the veteran's claims of service connection for bilateral hearing loss, low back pain, heart condition, and basal cell carcinoma. The RO found no new and material evidence to reopen these previously denied claims.

The Board has remanded the case for further development, including obtaining records from the US Postal Service and ensuring all requested documents have been obtained.

The Board has remanded the case to consider new evidence and readjudicate issues related to service connection, ratings for psychiatric disorders, and gastrointestinal disorders.

The Board has remanded the case for a new VA examination to determine if the veteran's current back condition is related to his military service, taking into consideration his statements and lay evidence.

The Board has determined that the veteran's lumbar disc disease with sciatica is causally related to his active duty service or is proximately due to the service-connected thoracolumbar strain, warranting service connection.

The veteran's claims for compensable ratings for fibrocystic breast disease and herpes, hypermenorrhea, and pelvic thromboplebitis to include headaches were denied by operation of law due to failure to report for a VA examination.,Claims for service connection for blurred vision, bilateral shoulder pain, and heart palpitations were also denied by operation of law as the evidence did not relate to unestablished facts necessary to substantiate these claims.

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

The veteran's fibromyalgia, right hip disability, left hip strain, irritable bowel syndrome, and right foot disability are not shown to be etiologically related to his active service.,The veteran's hypertension is not shown to causally relate to active service. Evidence received since the August 1991 rating decision demonstrates a current diagnosis of hypertension in the context of elevated blood pressure readings during service.,The veteran's low back disability, diagnosed as degenerative disc disease of the lumbar spine, is not shown to be related to his active service and/or caused or aggravated by his service-connected disabilities.,The veteran's left foot disability, specifically hallux valgus, is not shown to causally relate to his active service and/or caused or aggravated by his service-connected disabilities.

The Board has denied the veteran's claims for higher ratings for his back disability and PTSD, as well as his claim for a TDIU. The rating for his erectile dysfunction remains at 10 percent.