Back / lumbar spine decisions — 2008

The Board has granted the veteran's petition to reopen his claim for service connection for a back disability, and will now consider whether there is sufficient evidence to grant service connection.

The Board has determined that the veteran's current low back disability is not related to his military service and has denied his claim for service connection.

The Board has determined that further action is needed to evaluate the veteran's service-connected lumbosacral strain and to address his claim for service connection for benign prostatic hypertrophy. The RO must arrange for a VA examination of the veteran's lumbar spine, obtain all relevant medical records, and provide the veteran with an opportunity to respond to the request for information.

The Board has denied the veteran's claims for service connection for pes planus, a back disorder, and right and left knee disabilities due to lack of evidence showing an in-service injury or disease that resulted in current disability.

The veteran's claims for service connection and increased rating have been remanded due to outstanding issues. The low back disability claim is being reviewed, as are the other two issues.

The veteran's lumbar spine disability is rated at 10 percent prior to April 20, 2007 and at 40 percent from that date onwards. The left knee disability remains rated at 10 percent. These ratings are being remanded for further review.

The Board has determined that the veteran's current chronic low back and left knee disabilities are not related to his active service, and thus denied both claims for service connection.

The veteran's claim of entitlement to service connection for lumbar spine disability was denied by an August 1970 rating decision. The evidence submitted since then is not considered new and material, as it does not raise a reasonable possibility of substantiating the claim.

The Board has determined that the veteran does not have a chronic right knee disability and therefore, service connection for this condition is denied. The initial ratings assigned with the award of service connection for thoracolumbar strain, left knee bursitis with instability, tension headaches, and intercostal neuritis are being remanded to allow for further development.

The Board has determined that new and material evidence was not received to reopen the veteran's claim for service connection for a back disability, as his current diagnosis does not show a relationship to service.

The veteran's service-connected PTSD, degenerative changes of the lumbar spine, and headaches have been granted. However, he is not entitled to higher initial ratings for these conditions.

The Board has decided to remand the case for additional development, including obtaining a VA examination and reviewing all relevant medical records.

The Board has determined that the veteran's low back condition and bilateral hearing loss were not incurred during his military service.

The Board has determined that the veteran's low back degenerative disc and joint disease is likely due to an injury sustained during his service, granting service connection for this condition.

The Board has determined that service connection is not warranted for any of the conditions listed, including low back disability, left ankle sprain, eye disorder (other than conjunctivitis), bilateral hearing loss disability, tinnitus, chronic lung disorder (PPD positive), gastrointestinal disorder (indigestion or gastritis), prostatitis, rheumatoid arthritis, osteoarthritis, bronchopneumonia, peptic ulcer disease, ischemic heart disease and hypertensive cardiovascular disease with angina, diabetes mellitus, acute pyelonephritis, liver condition, Bell's palsy with facial numbness, dengue hemorrhagic fever, and erectile dysfunction.

The veteran's lumbar and thoracic spondylosis resulted in a combined range of motion for the thoracolumbar spine of less than 120 degrees, qualifying for a 20 percent disability rating.

The veteran's claim for an initial rating in excess of 40 percent for spondylosis with degenerative disc changes at L5-S1 was denied as there is no evidence of severe limitation of motion or other disabling conditions warranting a higher rating.

The Board found that the veteran's current low back, left leg injury, and tear duct disorders were not incurred or aggravated by his active military service. The effective date for non-service connected pension benefits was determined to be November 1, 1996.

The Board denied the veteran's claims for an increased evaluation and TDIU due to his service-connected degenerative disc disease L4-L5, finding that the disability did not warrant a rating in excess of 40 percent.

The Board has determined that service connection is granted for lumbar scoliosis but denied for a cervical spine disability. The veteran's low back disability remains at its current rating of 20 percent.