Back / lumbar spine decisions — 2008

The Board finds that the veteran's lower back disability, including arthritis, cervical degenerative joint disease, and left foot swelling were not incurred in or aggravated by service. The Board also found that PTSD was not attributable to service.,PTSD is a chronic disease to which the presumptive provisions of 38 C.F.R. § 3.309(e) do not apply.

The Board has determined that the veteran's current back disorders did not develop during service or for several years after discharge, and these conditions are not related to his military service. Therefore, the claim for service connection is denied.

The Board's July 24, 2008 decision denying service connection for a low back disability is vacated due to the submission of a private medical opinion in July 2008 that was not considered. The veteran's current low back disability is found to be related to an injury sustained during active service.

The veteran's initial claim for higher ratings was granted, with a rating of 20 percent effective August 6, 2000 and increased to 40 percent from April 30, 2003. The decision also addressed the severity of his disability prior to that date.

The veteran's service-connected degenerative disc disease of the lumbar spine is productive of marked narrowing at L5-S1 resulting in pronounced intervertebral disc syndrome with persistent symptoms compatible with sciatic neuropathy, including absent ankle jerk on the right side. The disability picture more nearly approximates that of a 60 percent rating under the criteria for intervertebral disc syndrome prior to September 23, 2002.

The Board has remanded the case to the RO for further development and consideration of the veteran's claim for a compensable rating for his bilateral hearing loss. The appeal is currently pending regarding an increased disability rating for his back disorder, which remains at 40 percent.

The veteran's appeal is being remanded due to incomplete medical records and failure to provide proper VCAA notice. The VA will need to obtain the veteran's SSA records, South Carolina Department of Vocational Rehabilitation records, and any VA treatment records from June 2004 to present. A VA audiological examination for rating purposes should also be conducted.

The veteran's appeal is being remanded for a personal hearing before a Veterans Law Judge at the RO.

The veteran's appeal is being remanded for further development, including the provision of VA examinations and consideration of her service-connected disabilities in determining whether she is unemployable due to those conditions.

The Board finds that the veteran's current low back disability is related to his in-service low back symptomatology, resolving all reasonable doubt in favor of the claimant.

The Board has reopened the claim for service connection due to new and material evidence, but finds that the veteran does not have a current low back disability related to military service.

The Board has denied the veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, as there is no evidence that his employment is marginal or that he cannot secure and follow substantially gainful employment.

The veteran's appeal is being remanded to obtain additional medical opinions regarding his claimed hearing loss, back disorder, and pulmonary disorders. The issues of service connection for hypertension and a psychiatric disorder are also being remanded.

The Board denied the veteran's claims for service connection due to a lack of timely filed substantive appeals.

The VA determined that the veteran's lumbosacral strain with degenerative disc disease warrants a 40 percent evaluation, effective from the date of the September 2006 rating decision.

The Board has remanded the case for additional development due to insufficient evidence regarding service connection for low back and left hand disabilities.

The Board has determined that the veteran's DJD of the knees and legs, right hand, back, and right shoulder were not incurred in or aggravated by active service. The cold injury of both feet was also denied as it is not related to service.

The Board has denied the veteran's claims for service connection for a low back disorder, migraines, depression, and a left shoulder disorder due to lack of medical evidence linking these conditions to his military service.

The Board has determined that there is no evidence of chronic bronchitis during service or post-service, and thus the veteran's claim for service connection for bronchitis is denied.

The Board denied increased ratings for post-operative gynecomastia and granted a 10 percent rating for lumbar spine injury. The decision is unclear regarding the disposition of the veteran's spinal disability claim.