Back / lumbar spine decisions — 2008

The Board has denied the veteran's claims for service connection for sleep apnea, degenerative disc disease of the lumbosacral spine (low back disability), and sinus condition. The reasons include a lack of evidence linking these conditions to service or service-connected asbestosis.

The Board denied service connection for Meniere's disease, neck disorder, left knee disorder, left hip disorder, and low back disorder. The veteran's psychiatric disorder was found to be aggravated by his service-connected bilateral plantar fasciitis.

The Board denied service connection for a claimed back disorder and an innocently-acquired psychiatric disorder, including PTSD. The veteran's current diagnoses do not meet the criteria for direct service connection.

The Board has determined that the veteran's current lumbar spine disability is not related to service, and thus denied his claim for service connection.

The veteran's low back disorder is rated at 40 percent disabling since June 25, 2003. Separate ratings of 10 percent for left lower extremity radiculopathy and 20 percent for right lower extremity radiculopathy are granted effective from February 7, 1997. The claim for an earlier effective date is denied.

The veteran's lumbar spine disability, characterized by spondylolisthesis and degenerative arthritis, warrants a rating of 40 percent based on its orthopedic manifestations. Additionally, separate ratings of 10 percent are assigned for the neurologic manifestations affecting the right and left lower extremities.

The Board denied the veteran's claims for increased evaluation of bilateral pes planus, service connection for a low back disability as secondary to his service-connected bilateral pes planus with callosities, and CUE in the June 1977 rating decision denying service connection for non-psychotic situational depression. The effective date claim was also denied.

The Board denied the veteran's claims for service connection for malaria and a back disorder due to lack of evidence linking these conditions to his military service.

The Board denied the veteran's claims for service connection for a back disorder or degenerative disc disease of the low back and an initial evaluation in excess of 20 percent for residuals, injury, right (major) hand. The Board found that there was no evidence of a chronic back disorder during service or within one year after discharge, and denied service connection based on lack of continuity of symptomatology. For the right hand disability, the Board noted that while the veteran had subjective complaints prior to April 2005, the VA examination in August 2006 did not reveal any current abnormalities of the thoracic spine or a gibbus deformity.

The Board has ordered the RO to consider new evidence and conduct additional development for both the lower back condition claim and the diabetes mellitus rating claim. The claims will be readjudicated after this process.

The veteran was granted service connection for PTSD, but denied service connection for bilateral hearing loss and multiple other disabilities due to shell fragment wounds in service. The Board found that the evidence supported a diagnosis of PTSD based on verified combat stressors, but did not find sufficient evidence to support current diagnoses or etiology for the other conditions.

The Board denied service connection for cervical disc disorder, headaches, and visual impairment. However, the veteran's bilateral trapezius myositis was granted as secondary to his service-connected lumbar spine disability.

The Board found that the veteran's low back disability, characterized by subjective complaints of pain and limited range of motion, did not meet or approximate the criteria for a higher rating than 20 percent. The evidence did not show ankylosis, incapacitating episodes of intervertebral disc syndrome, or neurological manifestations associated with the left leg.

The veteran's claims for increased evaluation of tinnitus and reopening of service connection claims for low back pain, right knee disability, and left knee disability were denied. The Board found no legal basis for the assignment of a schedular evaluation in excess of 10 percent for bilateral tinnitus and that new and material evidence was not submitted to reopen the claims for low back pain and right knee disabilities.

The Board has determined that new and material evidence has been received to reopen the veteran's service connection claim for a low back disorder. The Board also found that there is sufficient medical evidence linking the current lower spine disorder to service, warranting service connection.

The veteran's appeal is being remanded for a videoconference hearing at the Little Rock, Arkansas RO.

The Board found that the veteran's low back disorder and psychiatric disorders were not incurred in or aggravated by service, and denied her claims.

The Board denied the veteran's claims of service connection for low back disorder, right hand arthritis, and left hand arthritis. The Board found that there was no evidence to support a direct service connection for these conditions.

The veteran has withdrawn his appeal for an increased rating of 40 percent or higher for degenerative disc disease of the lumbar spine. The Board is dismissing this case as a result.

The Board has determined that a new examination is necessary to determine if the veteran's low back disorder is related to his service-connected left knee disability and whether it was aggravated by this condition. The case will be returned for further review.