Back / lumbar spine decisions — 2008

The veteran's appeal is being remanded for a videoconference hearing to present her claims.

The Board has determined that the appellant does not have current disability involving the claimed manifestations of joint pain, muscle pain, eye disability (residual conjunctivitis), fatigue, sleep disturbance, or headaches. Therefore, service connection is denied for these conditions.

The Board has determined that the veteran's cervical spine and right shoulder conditions do not warrant a higher rating based on current medical evidence, which does not show ankylosis or other severe impairment.

The Board has remanded the case for additional development, including obtaining medical records and verifying service dates. The veteran's claims for service connection are to be reconsidered based on new evidence.

The Board has determined that the veteran's low back strain with degenerative changes does not warrant a rating in excess of 40 percent, and his radiculopathy of the right lower extremity does not warrant a rating in excess of 10 percent.

The Board has granted service connection for a lumbar spine disorder.

The veteran's claims for service connection for degenerative disc disease of the lumbar spine and PTSD, as well as his increased rating claims for right knee instability and arthritis, were denied. The Board found that there was no evidence linking these conditions to service or a service-connected disability.

The Board has determined that the veteran's back, neck, bilateral shoulder, and bilateral leg disabilities are attributable to his period of active service. Service connection is granted for these conditions.

The Board found that the veteran's current disabilities of the lumbar and cervical spines are not causally related to his active military service, as there was no diagnosis of chronic disability during or within one year after service. The preponderance of evidence does not support a finding that these conditions were incurred in service.

The veteran's appeal is being remanded due to unclear evaluations and the need for additional examinations. The case will be reassessed based on current disability ratings.

The veteran's claim for an increased rating for his low back strain is being remanded due to the need to obtain medical records and provide proper VCAA notification.

The Board denied the veteran's claims for temporary total evaluations due to treatment of his service-connected low back disability, finding that new and material evidence had not been received to reopen the claim and that the criteria for a temporary total evaluation under 38 C.F.R. § 4.29 were not met.

The Board found that the veteran's lumbosacral strain did not meet the criteria for a higher evaluation, as his forward flexion was not limited to 30 degrees or less and there was no evidence of favorable ankylosis. The claim was denied.

The Board granted higher ratings of 50 percent as of December 2, 2004 and 30 percent from May 20, 2008 for lumbosacral strain. The decision also referred a secondary service connection claim to the RO.

The Board denied service connection for an acquired psychiatric disorder and a back disorder as secondary to the veteran's service-connected disabilities.

The Board has determined that the veteran's current low back disability is causally related to service, and thus grants service connection for postoperative fusion of the lumbosacral spine.

The Board found that the veteran's claimed low back, right ankle, left knee, and left shoulder disorders were not incurred or aggravated by service. The arthritis of the lumbar spine and left shoulder was also not shown to be incurred in service.

The veteran's service-connected chronic lumbar strain, right patellofemoral syndrome of the right knee, and left patellofemoral syndrome have all been rated at 10 percent since October 12, 2001. The veteran is seeking higher evaluations for these conditions.,The history of Candida osteomyelitis, status post right great toe amputation has also been rated at 30 percent since October 12, 2001. The veteran seeks a higher evaluation for this condition.

The veteran's service-connected disabilities do not result in the loss of use of one or both feet, permanent impairment of vision of both eyes, or ankylosis of one or both knees or hips. Therefore, he is not eligible for financial assistance in the purchase of an automobile or other conveyance and necessary adaptive equipment.

The Board has determined that a remand is required to obtain an updated VA examination for the veteran's claimed disabilities of the right knee, left foot, neck, and low back. The purpose of this examination is to determine whether it is at least as likely as not (50 percent or greater likelihood) that these conditions are related to active service rather than being more recent in origin.