Back / lumbar spine decisions — 2008

The Board has remanded the case due to the need for additional medical records and further examination. The veteran's claims for service connection are pending, as is his request for a higher initial rating for his right hip disability.

The Board found that the greater weight of evidence does not show a chronic back disability as a result of service or due to a service-connected disability.

The veteran's claim for an increased rating of his service-connected low back disability was denied. The RO found that the disability did not meet criteria for a higher rating due to lack of evidence showing severe symptoms such as ankylosis, incapacitating episodes, or separately ratable neurological symptoms.

The veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support a finding of service connection due to lack of proximate causation.

The Board has remanded the case due to insufficient evidence regarding whether the veteran's current back disability is related to his military service, specifically an in-service motor vehicle accident. The veteran needs to undergo a VA examination to determine if any current back disability is related to his military service.

The Board denied the veteran's claims for service connection for post-traumatic stress disorder, a skin condition (presumed due to exposure to Agent Orange), degenerative disc disease of the lumbar spine, and depression. The evidence did not support these claims.

The veteran's claims for service connection for degenerative disc disease of the lumbar spine and residuals of a left knee injury are being remanded to allow for further development, including consideration of his original service treatment records.

The Board has determined that the veteran's lumbar spine osteoarthritis and degenerative disc disease are causally related to his active military service, leading to a grant of service connection.

The veteran's claims of entitlement to compensation under 38 U.S.C. § 1151 for a thoracolumbar spine condition and service connection for a cervical spine condition as secondary to the thoracolumbar condition are being remanded due to the need for additional VA medical treatment records from 2002 to February 2004, and an opinion regarding whether additional disability of the thoracolumbar spine was caused by hospital care or examination furnished by VA.

The veteran's claims for increased evaluations of his service-connected low back strain with degenerative changes, right knee patellofemoral syndrome, and left knee patellofemoral syndrome with meniscus tear are being remanded due to the need for additional development.

The veteran's service-connected disabilities, including myelitis and paralysis of lower extremities, have necessitated a higher level of care than what is required for the regular aid and attendance allowance. The veteran requires daily personal health-care services provided by a licensed professional or under their supervision.

The veteran's appeal is being remanded due to his inability to attend the scheduled videoconference hearing. He has been given the option of a Travel Board hearing instead.

The Board has determined that the veteran's current degenerative joint disease and degenerative disc disease of the thoracic spine are not related to his active duty service, and thus denied his claim for service connection.

The Board has granted service connection for PTSD and depression, finding that the veteran's current conditions are related to her military service. Other claimed disabilities were not found to be service-connected.

The Board has denied the veteran's claim for service connection for a low back disability, finding that there is no evidence of such a condition during or within one year after her period of active duty. The examiner also found that any current low back disability was not caused by or related to service-connected bilateral pes planus and bilateral knee disabilities.

The veteran's low back disability, which was initially granted in July 2005 and rated at 20 percent effective June 6, 2004, is now rated at 40 percent effective the same day. The claim for a higher rating remains denied.

The Board found no evidence linking the veteran's current back disability to his military service, and thus denied his claim for service connection.

The Board has determined that the veteran's back disability is not proximately due to or the result of his service-connected left fractured clavicle and was not incurred or aggravated by active service.

The veteran's service-connected cervical spine disability was rated at 20 percent prior to September 23, 2002. The Board found that a higher rating is not warranted for this period.

The Board denied the veteran's claims of service connection for bilateral hearing loss disability and low back disorder, finding that his current conditions did not meet the criteria for such. The broken left second toe was also found to not nearly approximate a moderate foot injury warranting a compensable rating.