Back / lumbar spine decisions — 2008

The Board has granted service connection for sinusitis with headaches and blurred vision disability, but denied service connection for lung condition, fibromyalgia, low back disorder, bilateral hearing loss, and tinnitus. The decision is based on the reopening of claims due to new evidence provided by the veteran.

The Board finds that the veteran does not meet the criteria for compensation benefits under 38 U.S.C.A. § 1151 due to a fall during VA inpatient medical treatment, as his current conditions are more likely related to chronic degenerative changes rather than an acute injury.

The veteran's initial claim for a higher rating for his post-operative lumbar degenerative disc disease was denied. The RO awarded him an initial, higher evaluation (40 percent disabling) for the service-connected condition from April 27, 2005 through August 25, 2005 and assigned a 20 percent rating from August 26, 2005.

The Board has determined that the veteran does not have a current disability related to his military service, specifically hepatitis C and degenerative disc disease of the lumbar spine. The claims for service connection are denied.

The veteran's claims for service connection for various conditions, including right leg thrombophlebitis and bilateral hearing loss, were denied. The veteran was granted service connection for retropatellar pain syndrome of the left and right knees with a 10% rating each, tinnitus with a 10% rating, and GERD with a non-compensable rating effective October 1, 2004.

The veteran's claims for service connection for various conditions, including PTSD, depression, hypertension, gastrointestinal issues, and other physical complaints are denied as there is no evidence of a nexus between these conditions and her military service.

The Board found that the veteran's current lumbar spine disability is not related to his military service and denied his claim for service connection.

The Board found that the veteran's claimed conditions were not caused or aggravated by service, and denied all claims for service connection.

The Board has ordered further development due to the need for clarification of a previous opinion and the need for VA examinations to determine the current nature and likely etiology of the veteran's lumbosacral spine disorder and lung disease.

The Board has determined that the appellant does not have current diagnoses for hemorrhoids, a neck disorder, or vision problems. Service connection is denied for these conditions as they are not shown to be related to service.

The Board has reopened the veteran's claim and determined that there is sufficient evidence to establish service connection for an upper back disability, which was incurred during his military service.

The Board denied the veteran's claim for a higher rating for degenerative disc disease with radicular-type pain, bilaterally. The issue of service connection for pseudofolliculitis barbae (PFB) was also addressed but is not included in this decision.

The Board has remanded the case for a VA examination to determine if the veteran's current back disability is related to service. The appeal will be returned after this additional development.

The Board has remanded the case for further examination and review of the record to determine if the appellant's back disorder is related to service, considering her prior history and current treatment.

The veteran is seeking service connection for bilateral rigid pes planus and a back disorder. The case has been remanded to provide appropriate VCAA notice, schedule the veteran for a VA examination regarding his current rigid pes planus, and readjudicate the claims based on the evidence.

The Board has determined that the veteran's current low back and neck disabilities are not related to his active service, including a motor vehicle accident while on active duty in France. As such, service connection for these conditions is denied.

The Board found that the veteran's current back disability is not related to service and denied his claim for service connection.

The veteran's low back disability is rated at 40 percent, and his right and left foot disabilities are each rated at 10 percent. The claims for increased ratings were denied.

The veteran's claim for an increased rating for chronic lumbar strain and degenerative joint disease was denied because he failed to report for a scheduled VA examination.

The Board has determined that the veteran's low back disorder and depression were not incurred or aggravated by service, nor can they be presumed to have been. The claims for service connection are denied.