Back / lumbar spine decisions — 2008

The Board denied the veteran's claim for service connection for residuals of a head injury in December 1997, finding no current disability related to service. New evidence submitted since then does not provide new and material evidence to reopen the claim.

The Board has determined that there is no credible and competent evidence of a nexus between the veteran's current disabilities and service. Therefore, the claims for service connection have been denied.

The veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and conducting examinations to assess the severity of his service-connected disabilities.

The veteran's claim for an increased rating for his service-connected low back disability is being remanded due to the need for additional examinations and updated treatment records.

The veteran's bilateral hearing loss is not a disability for VA purposes. Service connection is granted for degenerative joint disease of the lumbar and thoracic spine, but service connection for residuals of back injury - cervical spine is denied.

The Board has reopened the veteran's claims for service connection for low back and left hip disorders. The evidence now shows a relationship between these conditions and his in-service injury, allowing for service connection.

The Board denied the veteran's claims for service connection for a left shoulder disability and a back disability, granted service connection for bilateral pes planus with an evaluation of 30 percent effective August 16, 2005, but denied entitlement to nonservice-connected pension benefits.

The Board finds that the preponderance of the evidence is against the veteran's claims for service connection for a back disability, right leg disability, bilateral hearing loss, and tinnitus. The veteran's current disabilities are not shown to be related to his active service.

The Board denied the veteran's claims to reopen his service connection for bilateral ankle disorder and lumbar spine disorder, finding that no new and material evidence had been submitted.

The Board found that the veteran's current back disorder developed many years after service and is not shown to have been caused by any incident of service. Therefore, the claim for service connection was denied.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for post-operative residuals, patellectomy, left knee. However, the veteran's hypertension, left hip disability, right hip disability, osteoporosis and/or arthritis of all joints, and lower spine disability are not shown to be causally linked to any event or incident of his period of active service or a service-connected disability.

The veteran's claims for increased ratings and earlier effective dates were denied.,The Board found that the evidence did not show a factually ascertainable increase in disability prior to May 10, 1999.

The veteran's bilateral pes planus is rated at 30 percent, and his right knee lateral instability and lumbosacral strain are both rated appropriately.

The Board has determined that the veteran's arthritis of the lumbar spine was presumed to have been incurred in service due to its manifestation within one year of his separation from active duty.

The Board has determined that the veteran's service-connected lumbar spine disorder warrants a 10 percent initial evaluation prior to April 29, 2008 and a 40 percent evaluation on and after April 29, 2008.

The veteran's claim for service connection for tendonitis of the bilateral palmar tendons was denied due to lack of evidence showing an in-service injury or aggravation. Her increased rating claim for spondylolysis, lumbar spine, L-5 vertebra, is also denied as her current disability does not meet the criteria for a higher 20 percent rating.

The Board has denied service connection for a right low back disorder due to lack of evidence of an in-service injury and the absence of continuity of symptomatology. Service connection is granted for inner ear disorders (vertigo and dizziness) secondary to service-connected tinnitus, but further examination is needed as the issue remains pending.

The veteran's PTSD is granted as related to his service, and he is awarded a 100% rating for bilateral hearing loss disability. The lumbosacral strain with degenerative arthritis is also granted.

The Board has determined that the effective date for service connection of low back strain with degenerative joint disease, right knee djd, and residuals of a right thigh abscess including muscle weakness, pain and scars is June 27, 2001.

The Board denied reopening the claim of service connection for a low back disorder due to lack of new and material evidence.,Service connection was also denied for coronary artery disease (CAD) as it is not related to diabetes mellitus, type 2. Service connection for hypertension was also denied as it is not related to diabetes mellitus.