Back / lumbar spine decisions — 2008

The Board has determined that the veteran's current back disability is related to in-service lumbar punctures, and thus service connection for these residuals is granted. The issue of bilateral hearing loss remains pending.

The Board denied the veteran's claim for an effective date earlier than February 1993 for service connection for pes planus. The issue of whether new and material evidence has been received to reopen a previously denied claim for service connection for spondylolisthesis of the fifth lumbar vertebra, to include degenerative joint disease of the lumbar spine (claimed as back condition) was also denied.

The Board has denied the veteran's claim for service connection for lumbar strain, finding that there is no evidence linking his current condition to military service.

The veteran's cervical and thoracolumbar spine disabilities, bilateral eye conditions (including cataracts and glaucoma), blurred vision of the left eye, concussion, peripheral vestibular disorder, tinnitus, and depression are not related to his military service. The veteran does not have any service-connected disabilities that would allow him to be granted a TDIU.

The Board denied the veteran's claims for increased evaluations for his service-connected degenerative joint disease of the lumbar and thoracic spine, as well as bilateral knee disabilities. The RO continued the current ratings but did not grant higher evaluations.

The Board has determined that new and material evidence has not been received to reopen the claim of service connection for low back disability, resulting in a denial.

The VA has determined that the veteran's lower back, right knee, and left knee disabilities do not warrant increased disability ratings beyond their current 20%, 10%, and 10% evaluations respectively.

The Board has determined that the veteran's low back condition, to include sciatic nerve involvement, is aggravated by his service-connected shell fragment wound to the left buttock and thigh. As a result, the claim for secondary service connection is granted.

The veteran's appeals for service connection on the issues of bilateral leg disorder, cervical spine disorder, lumbar spine disorder, and bilateral foot disorder have been dismissed due to withdrawal by the veteran.

The Board found that the November 19, 1980 rating decision denying service connection for low back pain was not based on clear and unmistakable error (CUE).

The Board found no evidence of asbestos exposure during service and no credible link between the veteran's current pulmonary disorder, including pneumoconiosis, and his military service. The claim for service connection is denied.

The Board found that new and material evidence had not been submitted to reopen the veteran's claim for service connection for degenerative disc disease of the lumbar spine, which was denied in a previous final rating decision. The appeal is therefore denied.

The Board denied the veteran's claim for service connection for residuals of a low back injury and arthritis of the lumbosacral spine, finding no evidence to support the contention that these conditions were incurred in or aggravated by military service.

The veteran's low back disability is being remanded for further development, including a VA examination and review of his claims file.

The Board has remanded the case for further development, including obtaining VA treatment records and providing a medical opinion on whether the veteran's current low back disability is related to his active duty service.

The Board has determined that the veteran does not have any of the claimed conditions related to his military service, and thus denied all claims for service connection.

The Board denied the veteran's claims for service connection for left elbow, right leg, right knee, and right foot disorders. The evidence did not establish a direct link between these conditions and military service.

The Board found that the veteran's current low back disorder, including lumbosacral strain with radiculitis to the lower extremities and spondylosis/spondylolisthesis at L5-S1, is not related to his military service. The evidence did not show a chronic condition during or shortly after service, nor was there any indication of such a condition until 1999 following an on-the-job injury.

The Board has remanded the case for additional development due to speculative opinions in previous VA examinations.

The Board has determined that the veteran's claimed low back, right wrist, and major depression disabilities were not incurred or aggravated during his military service. The evidence does not support a finding of continuity of symptomatology after service.