Back / lumbar spine decisions — 2008

The veteran withdrew his appeal for both issues of service connection for a back disability and a left leg disability at his personal hearing. As such, the Board does not have jurisdiction to review these claims.

The Board has determined that the veteran's low back disability is not related to any incident of service, including a car accident in 1958. As such, the claim for service connection for this condition is denied.

The veteran's appeal is being remanded due to procedural oversights. The RO must provide VCAA notice pertinent to his increased rating claim and TDIU claim, schedule a VA examination for the low back disability, and consider an extraschedular evaluation.

The Board has determined that the veteran's lumbar disc disease is not proximately due to or the result of his service-connected knee disorder.

The veteran's low back disability, rated as 10 percent disabling since July 9, 2001, is manifested by motion limited by pain and additional impairment on flare-ups resulting in overall functional loss comparable to moderate limitation of motion of the lumbar spine. The Board has determined that the schedular criteria for a 20 percent rating have been met.

The Board has determined that the veteran's current hip and low back disability is not proximately due to or the result of service-connected disability, including his service-connected knee and ankle disabilities.

The Board denied service connection for degenerative joint disease of the lumbar spine and onychomycosis and dermatophytosis of the fingernails, finding no competent medical evidence linking these conditions to active military service.

The veteran's low back disability has been granted service connection with a rating of 10 percent effective December 19, 2000.

The veteran's service-connected degenerative disc disease of the lumbosacral spine is currently rated at 40 percent, effective July 6, 2005. The Board has determined that the current rating is appropriate as it reflects the severity of his disability due to aggravation by a non-service connected foot condition.

The Board denied the veteran's claim of service connection for a low back disorder, finding that there was no direct evidence linking the condition to his military service or any service-connected disability.

The veteran's bilateral hearing loss is currently rated at 30 percent, and his low back disability and right hip condition are both service-connected. The Board has granted these claims.

The Board denied the veteran's claims for service connection of his low back disorder, left knee disorder, and left elbow disorder as secondary to his service-connected Crohn's disease. The effective date was not addressed.

The veteran's claim for specially adapted housing or a special home adaptation grant was denied as he does not meet the criteria for this benefit due to his service-connected disabilities.

The veteran's claim for a rating in excess of 40 percent for his service-connected low back disability was denied. The current rating is 40 percent, effective from June 1, 2003.

The VA determined that the veteran's chronic lumbosacral strain does not warrant a higher evaluation than 20 percent, based on current medical evidence showing moderate limitation of lumbar motion.

The Board has determined that a remand is necessary to obtain updated VA medical records and ensure the veteran receives appropriate examinations. The claim will be reconsidered based on the additional evidence.

The veteran is seeking service connection for a back injury sustained during active duty. The VA examiner found the current low back disability to be related to an in-service injury, but the examination report was inadequate as it did not provide a clear opinion on causation. The RO also failed to notify the veteran of his rights under the VCAA.

The Board found no evidence of a current right knee or back disability and determined that the veteran's current conditions are not related to his military service.

The Board has determined that the veteran's current lumbar spine disorder is causally related to his service-connected bilateral knee disability, and thus grants service connection for this condition.

The veteran's claims for service connection for various conditions have been denied. The Board has remanded the cases to the RO for further development.