Back / lumbar spine decisions — 2008

The Board found that the veteran's service-connected low back disability does not warrant an evaluation greater than 20 percent, as his forward flexion is greater than 30 degrees and he does not have ankylosis of the thoracolumbar spine or intervertebral disc syndrome.

The veteran's claim for a higher rating for incomplete paralysis of the left lower extremity was granted, with an effective date of August 16, 2007.,A separate grant of service connection for traumatic arthritis and degenerative disc disease at L4-L5 and L5-S1 resulted in a 80% rating, effective from August 16, 2007.

The Board has determined that the veteran's claims for service connection for a low back disability and bilateral knee disability cannot be granted as there is no evidence of their onset during active service or within one year after separation from service, nor are they related to any in-service disease or injury.

The Board found that the veteran's service-connected chronic lumbosacral strain does not warrant a higher than 10 percent rating due to limitations in range of motion and no findings of ankylosis or other severe disability. The current 10 percent rating is appropriate based on the examination findings.

The Board has remanded the case due to VCAA notice deficiencies and for additional development of evidence.

The Board has remanded the case due to a scheduling issue for a Travel Board hearing. The veteran's claims of service connection and reopening of his right knee condition claim are pending.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claim of entitlement to service connection for residuals of a low back injury, which was previously denied in February 1994.

The Board found that the reduction of the disability rating for chronic lumbosacral strain from 40% to 10%, effective November 1, 2004, was proper. The veteran's PTSD and IBS were also addressed with increased ratings.

The veteran's service-connected back disability is not shown to warrant a rating in excess of 20 percent, and his claims for cervical spine disability are denied as the evidence does not support service connection. The issues regarding shoulder disabilities have been remanded.

The veteran's appeal is being remanded for additional development of his claims, including a VA examination to determine the current severity and etiology of his service-connected left hip disability, as well as any right hip and lumbar spine disorders. The examiner will need to assess whether these conditions are related to his service-connected left hip disability.

The Board has restored service connection for the veteran's back disorder, finding that the original grant of secondary service connection was not clearly and unmistakably erroneous.

The veteran is entitled to specially adapted housing assistance due to his service-connected chronic lumbosacral strain and loss of use of both lower extremities, which precludes locomotion without the aid of a wheelchair.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claims for service connection for a back disorder and a hip disorder. As such, these claims are denied.

The veteran's appeal is being remanded for additional development, including a VA examination to determine the likely etiology of his hepatitis C and any secondary service connection claims.

The Board found that the veteran does not have a currently diagnosed right shoulder disability, neck disability, low back disability, right hip disability, left knee disability, or left ankle disability.,Therefore, service connection for these conditions is denied.

The Board denied the veteran's claims for higher ratings for his chronic lumbosacral strain with degenerative joint disease, finding that the evidence did not meet the criteria for a rating higher than 10 percent before January 11, 2008 and a rating higher than 20 percent from January 11, 2008.

The veteran's TDIU claim is being remanded for additional development, including obtaining VA treatment records and providing clarification on whether his service-connected orthopedic disorders alone prevent him from securing or following a substantially gainful occupation.

The veteran's claim for service connection for grand mal epilepsy was granted, but the glaucoma and back disability claims were denied.,The glaucoma claim was denied as there is no evidence linking it to service. The back disability claim was granted based on a history of treatment.

The Board denied the veteran's claims for service connection for tinnitus, degenerative disc disease of the lumbar spine, and bilateral hearing loss. The evidence did not establish a link between these conditions and service.

The veteran withdrew his appeals of the issues related to service connection for a back disability and increased ratings for various ankle and knee disabilities.