Back / lumbar spine decisions — 2008

The VA determined that the veteran's current level of back disability, including aggravation by service-connected right knee issues and intercurrent injuries, does not warrant a rating higher than 20 percent.

The veteran's claim for specially adapted housing is being remanded due to the need for additional development, including obtaining medical records and scheduling an examination.

The veteran's lumbosacral strain and cervical strain have been denied increased evaluations.,Service connection for tinnitus has not been established, and service connection for a right knee disability was not granted.

The Board found that the veteran's claimed conditions of bilateral hearing loss, defective vision, and low back disorder were not incurred or aggravated by his active service. The evidence did not show a current disability related to service.

The Board has denied the veteran's claims for service connection for right knee, left knee, and back disabilities. The claim for bilateral hearing loss disability was granted.

The veteran's low back disability was granted an initial evaluation of 10 percent from October 4, 2004, through February 20, 2007. From February 21, 2007, he is entitled to a 40 percent evaluation for his service-connected degenerative disc disease of the lumbar spine.

The veteran's claim for an increased evaluation of his service-connected low back strain with degenerative joint disease and degenerative disc disease at L4-L5 is being remanded due to the need for additional medical examination and consideration of recent VA treatment records.

The Board found that the veteran's left knee and back disabilities pre-existed service, and there is no clear and unmistakable evidence of aggravation during service. Therefore, the claims for service connection were denied.

The Board denied the veteran's claims for higher initial ratings for his service-connected vocal cord paralysis, DDD of the lumbar spine, and DJD of the right knee. The issues were not addressed in this decision as they are separate from the main appeal.

The Board has jurisdiction over the April 2005 rating decision denying service connection for low back and cervical spine disabilities. The veteran's appeal on timeliness of his substantive appeal is granted, and the claim is remanded to determine whether service connection can be established.

The Board has remanded the case due to insufficient medical evidence regarding the veteran's lumbar strain disability, and a new examination is needed to determine current residuals and condition of his lumbar strain.

The veteran's increased rating claim for degenerative lumbar disc disease was denied as the evidence did not show ankylosis or incapacitating episodes. The service connection claim for a neurological condition of bilateral legs was also denied as there is no separate disability found.

The Board has remanded the case for further development, including obtaining VA and private medical records, scheduling a VA examination, and providing updated notice to the veteran.

The Board has remanded the case for further development, including providing proper notice to reopen a claim of service connection for sleep apnea and allowing the veteran's representative (TVC) an opportunity to respond to a supplemental statement of the case.

The veteran's initial increased ratings for chronic lower back pain and radiculopathy, left lower extremity associated with the condition were granted. The rating for chronic lower back pain was set at 40 percent effective January 18, 2008.

The Board found that the veteran's current cervical spine disorder was not present during service and is not related to his service-connected back disability. The claim for secondary service connection was also denied.

The Board has determined that the veteran's left fifth metatarsal fracture does not warrant a compensable evaluation, as there is no evidence of malunion or nonunion of the tarsal or metatarsal bones.

The VA denied the veteran's claim for service connection for chronic low back pain, finding that there was no evidence of a current disability resulting from an injury or disease incurred in service.

The veteran's claims for service connection for degenerative joint disease of the shoulders, lumbar spine, knees, and ankles were denied as these conditions are not shown to be related to his military service. The effective dates for the grants of service connection for PTSD, hearing loss of the right ear, tinnitus, diabetes mellitus, and peripheral neuropathy of all four extremities have also been denied.

The Board denied the veteran's claims for service connection for a back disability, PTSD, peripheral neuropathy of the right upper extremity, and peripheral neuropathy of the left lower extremity. The claim for an increased rating for bilateral hearing loss was also denied.