Back / lumbar spine decisions — 2008

The Board finds that the veteran's lumbar spine disability does not meet or approximate the criteria for a rating in excess of 20 percent.

The Board denied the veteran's claims for service connection for a low back disability and bilateral hearing loss due to lack of evidence supporting these conditions during service.

The Board denied the veteran's claims for service connection and increased ratings, finding no evidence of a qualifying chronic disability or other basis to grant these claims.

The Board has determined that the veteran's right knee and low back disorders are not related to service or a service-connected disability, including his left knee disorder. Service connection for these conditions is denied.

The Board has granted increased ratings for the veteran's cervical spine degenerative disc disease, post-traumatic headaches, and ganglion cyst of the left wrist. The veteran now receives a 20 percent rating for his cervical spine disability since August 13, 2003, a 30 percent rating for his headaches, and a 10 percent rating for his ganglion cyst.

The veteran's claims for increased ratings for mitral valve prolapse syndrome, right knee chondromalacia patella, and mechanical low back pain were denied. The RO found that the conditions did not meet criteria for higher disability ratings.

The Board found that the evidence submitted since the previous final denial does not relate to unestablished facts necessary to substantiate the claims for service connection for degenerative disc disease of the cervical spine, lumbar spine, an eye disorder including residuals of a left eye injury, and hypertension. As such, these claims are not reopened.

The VA determined that the veteran's chronic low back strain does not warrant a rating higher than 20 percent, as her symptoms do not meet the criteria for a higher evaluation based on range of motion or neurological findings.

The Board has decided that additional development is necessary in the current appeal due to the need for notification of what evidence would be required to reopen the claim and to advise the veteran of his right to submit alternate sources of evidence. The case will be returned to the RO/AMC for further action.

The Board found that the veteran's back disability did not have onset during service or within one year of service, is not etiologically related to his service, and was not caused or aggravated by his service-connected knee disability. Therefore, service connection for a back disability is denied.

The veteran's claims for higher initial evaluations of residuals from a right hamstring tear, irritable bowel syndrome with GERD, and right knee ACL reconstruction have been denied. The veteran is currently rated at 10 percent for these conditions.

The Board denied the veteran's claims for increased ratings and service connection, finding that his conditions did not warrant a higher rating or additional service connection. The right ankle disability was rated at 20 percent, sinusitis with allergic rhinitis was noncompensable, and residuals of second degree right ankle sprain were also rated at 20 percent.

The Board found that the veteran's service-connected degenerative disc disease L5-S1 did not meet or approximate the criteria for a higher initial rating prior to July 31, 2006. Beginning July 31, 2006, the disability was rated at 20 percent.

The Board has determined that the veteran's claimed conditions, including PTSD, low back disorder, and residuals of brain aneurysm, are not related to service. The claims for service connection have been denied.

The veteran's low back disability was increased to a 20 percent rating effective March 16, 2007. His bilateral knee disabilities remain at 10 percent.

The Board has remanded the case due to incomplete service treatment records and a need for further medical examination. The veteran's claim will be reconsidered based on the additional evidence.

The Board denied the veteran's claims for service connection for low back disorder and residuals of an injury to the left leg, finding no evidence of a current disability or a link between any diagnosed condition and service.

The Board has remanded the case for further development due to a need for updated examination and additional records.

The Board denied the veteran's claims for service connection for a lumbar spine disability, prostate disability, and heart disability due to exposure to herbicide agents. The prostate disability was not found to be related to service or exposure to herbicides.

The Board found no evidence linking the veteran's current right hip and thigh or back disabilities to his active military service, thus denying entitlement to service connection for these conditions.