Back / lumbar spine decisions — 2008

The Board has determined that the veteran's claimed disabilities of degenerative joint disease of the right knee, left knee, and lumbar disc disease are not related to service. The VA examiner found no evidence of an actual injury or disability during service and noted a lack of abnormalities on separation examination.

The Board denied the veteran's claims for service connection for a low back disability and to reopen his claim of service connection for respiratory disorders including bronchial asthma, rhinitis, pulmonary emphysema and hay fever. The Board found no evidence linking current disabilities to service.

The veteran's claims for service connection are being remanded due to the need for a new hearing. The specific conditions at issue include hepatitis C, cirrhosis of the liver, and a low back disorder.

The veteran's low back disability is rated at 10 percent, and his right ankle sprain prior to July 16, 2004, and left ankle sprain since that date are both rated at 10 percent. The Board found no basis for higher ratings under the amended rating criteria.

The Board has remanded the case for additional development, including obtaining medical records and a VA examination to determine if the veteran is unemployable due to his service-connected back disorder.

The veteran's low back disability was initially granted with a 20 percent evaluation effective June 23, 2003. The Board found that the evidence did not warrant an increase in this rating during the period prior to September 26, 2003.

The Board found that the veteran's low back disability was not incurred in or aggravated by service and denied his claim for service connection. The issues regarding impairment of upper right extremity and all right fingers, other than the right index finger, were also denied as secondary to a service-connected condition.

The Board has ordered a VA examination to determine if the veteran's current low back disorder is due to service or preexisting, and whether it was aggravated by service.

The VA examiner found no evidence of a low back injury in service and concluded that the veteran's current back condition is highly unlikely to have had its onset in service.

The Board has remanded the veteran's claims for service connection due to incomplete information and need for further examination.

The veteran's degenerative joint disease of the thoracolumbar spine is rated at 60 percent, which is the highest rating available under the applicable diagnostic codes.

The Board has ordered additional development due to missing records and a need for a VA examination. The veteran's claim of service connection for a back disorder is being remanded.

The Board denied the veteran's claims for service connection for PTSD, a lumbosacral strain, and upper respiratory illness due to lack of evidence supporting these conditions. The Board also found that the veteran did not perfect his appeal for the issues related to a lumbosacral strain and upper respiratory illness.

The Board has determined that the veteran does not have a currently diagnosed left knee disability, acid reflux disease, or low back disability. Therefore, service connection for these conditions is denied.

The veteran's initial claim for a higher disability rating for his degenerative lumbar disc disease with radiculopathy was granted, but the evaluation remains at 10 percent. The separate schedular evaluation for right lower extremity radiculopathy is also granted at 10 percent.

The Board has ordered a VA examination to determine the nature and likely etiology of the veteran's claimed low back disorder due to incomplete service medical records. The veteran presented competent medical evidence diagnosing severe degenerative disease of the entire lumbar spine, as well as competent lay evidence of a back injury in service.

The veteran's claim for an increased rating for her service-connected degenerative disc disease of the lumbar spine was denied. She is currently rated at 20 percent, effective December 5, 2006.

The veteran's low back disorder is being remanded for additional development, including obtaining medical records and a new opinion from the examiner.

The Board has denied the veteran's petitions to reopen his claims for service connection for PTSD and a back disability, finding that no new and material evidence was received since the July 2001 SOC.

The Board has granted service connection for herniated nucleus pulposus of the lumbar spine, but denied service connection for hypertension.