Back / lumbar spine decisions — 2008

The Board has granted a 40 percent rating for the veteran's low back disorder with narrowing at L3-4 disc space, effective from March 8, 2007.

The Board has determined that the veteran's lower back disorder is not related to service and therefore denied his claim for service connection.

The veteran's back disorder is rated at 20 percent effective February 7, 2008. The right ear condition remains noncompensable.

The Board has determined that the veteran's current back disability, specifically chronic lumbar strain/sprain and spondylosis (pars defect), L5/S1 with radiculitis, was incurred in service.

The Board denied the veteran's claims of entitlement to increased ratings for his service-connected knee conditions, pancreas condition, diabetes mellitus, low back condition, kidney condition, prostate condition, neck condition, left wrist condition, right wrist condition, colon/intestine condition, and left hip condition. The veteran was also denied service connection for a bladder condition and a stomach disorder.

The Board granted increased ratings of 20 percent for the veteran's low back strain and left shoulder strain disabilities, finding that these conditions more nearly approximated the criteria for a 20 percent rating under DC 5201.

The veteran is seeking higher initial evaluations for her service-connected left knee patellofemoral pain syndrome and lumbar strain. The case must be remanded to obtain additional medical records from private physicians and the VA Medical Center.

The Board denied the veteran's claims for service connection for a back disorder and bilateral hearing loss, as well as an increased rating for his left ring finger disability. The decision found no evidence of a current disability or persistent symptoms associated with these conditions during service.

The Board has determined that new and material evidence has not been received to reopen the veteran's claim of service connection for residuals of a low back injury, as no evidence was found showing current disability related to the in-service injury.

The Board finds that the veteran is eligible for payment or reimbursement of unauthorized medical expenses incurred at Grady Memorial Hospital on January 10, 2005.

The Board found that the veteran's death was not caused by a service-connected disability and denied both claims for service connection for cause of death and non-service-connected death pension benefits.

The Board has determined that there is no nexus between the veteran's current lumbar disc herniation at L5-S1 and an injury or disease in service, thus denying his claim for service connection.

The Board has reopened the veteran's claim for service connection for a back disability, but further development is needed to determine if the condition is related to his military service.

The Board found no evidence of cardiovascular disease, degenerative joint disease, glaucoma or ulcerated stomach during the veteran's active service period from November 1954 to November 1956. The claims for these conditions are therefore denied.

The Board has remanded the case for a VA examination and further development of the claim due to previous reliance on an examiner's opinion that did not address current disability.

The Board found no evidence of an in-service injury or increase in severity of a pre-existing back disorder, and thus denied the veteran's claim for service connection.

The Board has determined that the veteran's service-connected disabilities do not render him unemployable on an extraschedular basis, and thus denied his claim for a total disability rating based on individual unemployability (TDIU).

The Board denied the veteran's claims for a rating in excess of 20 percent for his lumbar spine disability and service connection for chondromalacia and degenerative joint disease of each knee, finding that there was no evidence of ankylosis or limitation of flexion to 30 degrees or less. The veteran's lumbar spine disability is currently rated at 20 percent under the General Rating Formula for Diseases and Injuries of the Spine.

The Board finds that it is as likely as not that the veteran developed degenerative disc disease of the lumbar spine as a result of his active military service, granting service connection for this condition.

The Board is remanding the claims for service connection for a low back disorder, respiratory disorder due to asbestos exposure, and left shoulder disability for further development.