Back / lumbar spine decisions — 2008

The Board found that the veteran did not have a current back disorder or lung condition that was incurred in service and denied his claims for service connection.

The VA denied the veteran's claim for an initial evaluation in excess of 10 percent for service-connected lumbosacral strain, as his symptoms did not warrant a higher rating based on the criteria provided.

The Board found no evidence of a generalized anxiety disorder during service or for many years thereafter, and concluded that the current diagnosis is not related to active service. For the cervical spine disability and low back strain claims, the VA examiner determined there was insufficient medical evidence linking these conditions to service.

The Board denied the veteran's claim for service connection for residuals of a low back injury because new and material evidence had not been submitted.

The Board has granted increased ratings for the veteran's service-connected disabilities, effective June 30, 2005. The effective dates sought by the veteran were not granted as they are deemed factually ascertainable.

The Board has reopened the claim for service connection for a left knee disability as secondary to right knee disability and granted service connection. The veteran's back disability is not service-connected. His right knee disability remains rated at 30%.

The Board has remanded the case for additional development, including obtaining VA treatment records and providing VA examinations to determine the nature and etiology of any current neck disability and residuals of a lumbar puncture.

The Board has determined that a VA examination is needed to determine the nature and etiology of any current low back or foot disorders, including whether they are related to service. The veteran's claim will be remanded for this purpose.

The veteran's appeal for service connection for hyperlipidemia has been dismissed as she withdrew her appeal at the February 2008 hearing. The case is remanded to obtain additional treatment records and conduct a VA examination for her lumbar spine disorder.

The Board has determined that the submitted evidence does not meet the criteria for reopening the claim of service connection for a low back condition as secondary to residuals of left femur fracture. The compensable rating for residuals of left femur fracture is also denied.

The veteran's PTSD is currently rated at 30 percent, the maximum rating available under the applicable diagnostic code.,Tinnitus has been assigned a 10 percent rating, which is the highest possible rating under Diagnostic Code 6260.

The Board has granted a rating of 20 percent for the veteran's degenerative disc disease and degenerative joint disease, thoracolumbar spine, effective from June 2006. The veteran is also entitled to a compensable rating (10 percent) for his hypertension.

The Board found no evidence of a current disability related to the veteran's service, and thus denied all claims for service connection.

The Board denied service connection for a back disorder in June 1972, finding that the veteran's pre-existing condition did not worsen during service. The motion alleging clear and unmistakable error (CUE) was denied as there was no evidence of undebatable error.

The Board has remanded the case for further development and/or more adequate reasons and bases.,Additional evidence is needed to determine whether the veteran's current eye condition was caused by any incident in service, including getting sand in his eye.

The veteran's lumbosacral sprain was previously rated at 10 percent and has now been increased to 20 percent effective September 25, 2006.

The Board found that the veteran's current chronic back disability was not incurred or aggravated in service and is unrelated to any soft tissue injury during active duty.

The veteran's low back disability has been rated at 40 percent since March 20, 2008.,Separate evaluations of 10 percent each have been assigned for mild incomplete paralysis of the sciatic nerve in both the right and left lower extremities.

The Board has granted a 20 percent evaluation for lumbosacral degenerative disc disease since January 30, 2003.

The Board granted a 20 percent rating for bilateral hearing loss effective January 19, 2006. The claim for service connection of the right hip disorder is reopened.