Back / lumbar spine decisions — 2008

The veteran's initial disability ratings for degenerative disc disease of the cervical spine and lumbar strain with sciatic pain have been granted, but both conditions are rated at 10 percent. The rating has been increased to 20 percent effective April 9, 2008.

The Board has determined that additional development is necessary to properly adjudicate the veteran's claims, including obtaining medical records and arranging for VA examinations.

The Board denied the veteran's claims for service connection for a low back disorder and asbestosis, finding that there was no evidence of a chronic condition in service or within one year after discharge. The examiner determined that the current degenerative arthritis in the lumbar spine is more likely related to post-service injuries than to his military service.

The Board has determined that the veteran's claims for increased rating and service connection are REMANDED due to the need for additional development, including a VA examination and an economic and social survey. The case will be returned to the Board after these actions have been completed.

The veteran's appeal is being remanded for a Travel Board hearing to be rescheduled due to his inability to attend the previously scheduled hearing.

The Board has determined that the veteran's chronic lumbosacral strain is etiologically related to service and grants his claim for service connection.

The Board has determined that the veteran does not meet the criteria for service connection for any of his claimed conditions, including an inguinal hernia, right knee disability, low back disability, right hip disability, acquired psychiatric disorder (depression), bilateral hearing loss, and tinnitus.

The Board denied the veteran's claims for service connection for numbness and tingling of the right hand, as well as his increased rating claim for a right hand injury. The lumbar spine disability was granted based on direct service connection. No new evidence was found to reopen the cervical spine disability claim.

The Board denied the veteran's claims for service connection and increased ratings, finding that new and material evidence had not been submitted to reopen several of his claims. The right knee disability was found to be incurred in active service.

The veteran's service-connected disabilities effectively preclude locomotion without the aid of braces, crutches, canes, or a wheelchair. The Board grants entitlement to a certificate of eligibility for specially adapted housing.

The Board found that the veteran's degenerative disc disease of the cervical spine pre-existed service and was not aggravated by active duty, thus denying service connection. The veteran's bilateral hearing loss did not meet the criteria for a compensable rating.

The Board is remanding the case for further development due to questions regarding the exact nature and etiology of the veteran's hip disabilities and lumbar spine condition, as well as potential aggravation by his service-connected right knee disability.

The veteran's right wrist condition is denied as there is no current diagnosis.,Service connection for a herniated disc, cervical spine, is granted based on continuity of symptoms since service.

The Board denied the appellant's claims for increased evaluations for his service-connected lumbar spine disability, right knee arthritis, left knee arthritis, and left knee instability. The RO found that the evidence did not support an evaluation in excess of the current ratings.

The Board denied the veteran's claims for increased evaluations and service connection, finding that his lumbosacral strain with degenerative joint disease did not warrant a higher evaluation than 20 percent. The claim for sleep apnea was also denied as it was not shown to be related to service or his service-connected maxillary sinusitis.

The VA determined that the appellant does not meet the criteria for special monthly pension based on need for aid and attendance or being housebound due to her conditions.

The Board has determined that a new VA examination is necessary to determine the etiology of any current low back disability, and the veteran's claim for service connection will be remanded for this purpose.

The veteran's claim for an increased disability rating for his service-connected lumbar spine disability was denied. The criteria for a higher rating were not met prior to September 23, 2002, and as of that date, the criteria for a 40 percent rating are met.

The Board has determined that the veteran's current low back disorders, including Degenerative Disc Disease (DDD), Herniated Nucleus Pulposus, and Disc Herniation of the Lumbar Spine with Lower Extremity Sciatica, are attributable to his military service. The preexisting scoliosis and spina bifida occulta were not aggravated by service.

The veteran's service-connected degenerative disc disease of the cervical spine, C5-C6, was granted a 10 percent disability rating effective May 28, 2008.