Back / lumbar spine decisions — 2008

The Board has determined that the veteran does not have a hearing loss disability for VA purposes and his chronic low back strain has not been productive of severe limitation of lumbar spine motion, severe lumbosacral strain, forward flexion of the thoracolumbar spine limited to 30 degrees or less, favorable ankylosis of the thoracolumbar spine, or incapacitating episodes of intervertebral disc syndrome. Therefore, his claims for service connection and increased rating are denied.

The Board has determined that the veteran's service-connected left knee chondromalacia has aggravated his low back condition, and thus grants service connection for a low back disability secondary to his service-connected left knee disability.

The Board has denied the veteran's request to reopen his claim of service connection for chronic lumbar strain, finding that no new and material evidence was submitted.

The Board denied the veteran's claims for service connection for left shoulder disability, bipolar disorder, and low back disability due to lack of evidence showing in-service injury or occurrence.

The Board found that the veteran's current low back disability, including DDD and HNP with radiculopathy, is not related to his service injury in 1988. The February 2005 VA examiner concluded that the initial low back strain in service was appropriately treated and resolved, and the subsequent work-related injury in 1996 initiated the veteran's current chronic low back disability.

The veteran's appeal is being remanded due to the need for a Travel Board hearing. The issues of evaluating his lower back disability and bilateral hearing loss are still pending.

The Board denied service connection for lumbar spine degenerative disc disease and nerve damage, finding no evidence of in-service injury or disease that could be linked to these conditions.

The Board has determined that the veteran's lumbar spine herniated disc and neuropathy of bilateral lower extremities are related to service, granting service connection for these conditions.

The veteran's claims are being remanded to the RO for further development and consideration of new evidence submitted by him.

The Board denied both claims for service connection and TDIU.

The Board found that the veteran's service-connected degenerative disc disease, lumbar spine, and sciatica of the right leg do not warrant ratings in excess of their current 10 percent evaluations.

The Board has determined that the veteran does not have a current disability related to his back injury or dysentery and gastroenteritis, which were present during service. Therefore, service connection for these conditions is denied.

The Board denied service connection for a low back disability and denied higher initial ratings for right ear disability, tinea versicolor, and anxiety state. The veteran's left eye condition was not granted service connection.

The Board has determined that the veteran does not have current disabilities of bilateral hearing loss, tinnitus, residuals of a right hand crush injury, or low back disorder for which service connection can be granted. The claims are therefore denied.

The Board has determined that the veteran does not have current diagnoses of flat feet, hearing loss, upper back disorder, hip disorder, or knee disorder. As a result, service connection for these conditions is denied.

The veteran's right low back and sacroiliac joint strain with degenerative disc disease has been rated at 10 percent since September 28, 2000. The current rating is less than the maximum available rating.

The Board has remanded the case for additional development, including obtaining VA treatment records and conducting VA examinations to determine if the veteran's back disorder and hypertension are related to service.

The Board has remanded the case for additional development, including obtaining medical records and verifying stressor events.

The veteran's claim for benefits under 38 U.S.C.A. § 1151 is being remanded due to a procedural issue related to the standard of proof applicable to his case.

The veteran's claim for service connection for a skin condition, including as due to exposure to Agent Orange (herbicides), was reopened. However, the claim remains denied because there is no evidence linking his current skin condition to his military service or to herbicide exposure.