Back / lumbar spine decisions — 2008

The Board denied the veteran's claims for higher initial evaluations for his service-connected bilateral pes planus, degenerative disc disease of the lumbar spine, right knee strain, right ankle strain, and left ankle strain.

The Board has determined that the veteran does not have a current disability of degenerative joint disease of the thoracic spine or lumbar strain, and thus cannot establish service connection for these conditions.,For the cervical spine disorder, the Board found sufficient evidence to connect it to the veteran's military service.

The Board found no evidence of a chronic low back disorder during service and noted the absence of continuity of symptoms. The current condition is not linked to active duty.

The Board denied the veteran's service connection claim for a low back disability and his increased rating claim for PTSD. The Board found that there is no objective evidence showing that the veteran currently has a chronic disability of the low back, and thus denied the claim. For PTSD, the Board determined that the current 30 percent evaluation adequately reflects the severity of the condition.

The veteran's low back disability is currently rated at 20 percent, but the Board found that it does not meet the criteria for a higher evaluation.

The Board has determined that new and material evidence has not been received to reopen the claims for service connection for a right knee condition and lumbosacral strain, which were previously denied in April 1985. As such, these claims remain denied.

The Board has granted service connection for a lumbar spine condition with radiculopathy, finding that the veteran's service-connected bilateral claw foot contributed to his current disability.

The Board has decided to remand the case for further development due to missing medical records.

The Board denied service connection for lumbosacral degenerative disc disease with disc protrusion and status post laminectomy, as secondary to the veteran's service-connected back strain due to lack of evidence linking the condition to service or service-connected disability.

The Board has determined that the veteran's low back disability is not service-connected, and his claim for an increased rating for residuals of left knee injury was withdrawn by him.

The Board has remanded the case for additional development, including obtaining medical records and providing a VA examination to determine if the veteran's current low back disability is related to his service in July 1980. The issues of service connection for a psychiatric condition and an increased rating for arthritis of the right ankle are also being addressed.

The veteran's PTSD is rated at 50 percent, effective December 2003. His back disorder remains at a 20 percent rating.

The veteran's claim for an increased rating for his service-connected lumbar disc disease is being remanded due to the need for updated medical examination and consideration of other relevant factors.

The Board has determined that the veteran's bilateral foot disability, due to frostbite sustained during service, is service-connected. The claim for PTSD was denied as there were no verified in-service stressors.

The Board has determined that the veteran's back disability is secondary to his service-connected left knee and foot disabilities.,Regarding hypertension, the Board found no direct link between the veteran's PTSD and his condition.

The Board has denied the veteran's claims for service connection for intraocular hypertension, Bell's palsy with damage to the 7th cranial nerve, and low back strain, pain, stenosis, degenerative disc disease, and disc herniation. Service connection was granted for hypertension.

The Board denied the veteran's claims for service connection for a left wrist ganglion cyst and lumbosacral strain to include sacrococcygeal cyst and L5/S1 degenerative disc disease, finding no evidence of chronicity in service or within one year after service.

The Board has determined that the veteran is not in need of regular aid and attendance or permanently housebound due to her disabilities, and therefore does not meet the criteria for special monthly pension based on these conditions.

The Board denied the veteran's claims for an evaluation in excess of 40 percent and an extraschedular rating for degenerative disc disease of the lumbosacral spine, finding that his disability did not meet the criteria for a higher schedular evaluation.

The Board has determined that the veteran's low back disability and bilateral hearing loss were not incurred or aggravated by service, nor may they be presumed to have been incurred in service. The claim for increased rating of PTSD is also denied.