Back / lumbar spine decisions — 2009

The Board found that the Veteran's current low back condition is unrelated to his active duty service and denied his claim for service connection.

The Board has determined that the appellant does not have a current low back disability, and thus service connection for low back strain is denied.

The Board denied service connection for a low back disability and residuals of head trauma, finding no evidence linking these conditions to service.,There is no medical evidence showing that the Veteran's current low back or head disabilities are related to her military service.

The VA has determined that the appellant's service-connected mechanical low back strain did not meet criteria for an evaluation in excess of 40 percent from June 16, 2003 to September 25, 2003.

The Board found that the Veteran's low back disability, diagnosed as degenerative disc disease and degenerative joint disease, is due to injuries sustained during his active service. The decision grants service connection for this condition.

The Veteran's back and bilateral hearing loss disabilities are service-connected. The psychiatric, right leg, and left leg disabilities have not been linked to service.

The Veteran's claims for increased ratings for his service-connected left knee disability and right ear hearing loss were denied. The current noncompensable rating assigned to the right ear hearing loss is maintained.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for various disabilities, including bilateral lower extremity numbness, a lymph node condition, a hip disability and a low back disability, all as a result of in-service surgical treatment at the San Diego Naval Hospital sometime in 1947, 1948 or 1949. The Board has determined that further examination is needed to determine if these conditions are related to service.

The Board has determined that new and material evidence sufficient to reopen the Veteran's lower back and left knee disability claims has been received. The reopened lower back disability claim is addressed on the merits below, while the reopened left knee disability claim requires further development before readjudication.

The Veteran's appeals for increased ratings and service connection were withdrawn at a hearing. The claim for an initial rating in excess of 50 percent for major depressive disorder with psychotic features was dismissed.

The Veteran's claim for a higher rating for his service-connected degenerative disc disease of the lumbar spine was denied as there is no evidence of unfavorable ankylosis or incapacitating episodes requiring physician-prescribed bed rest.

The Veteran's low back pain syndrome with degenerative changes is not considered to be related to his military service, including exposure to Agent Orange. The claim for service connection is denied.

The Veteran's disabilities do not meet the criteria for special monthly pension based on the need for regular aid and attendance of another person or being housebound.

The Veteran's service-connected disabilities were not continuously rated totally disabling for at least five years from the date of his separation from service, and therefore, he is not eligible for DIC under 38 U.S.C.A. § 1318.

The Board has determined that the Veteran's claims of entitlement to service connection for tinnitus, a heart condition, degenerative joint and disc disease, lumbosacral spine with disc herniation, L5-S1, and foraminal stenosis, asthma, and allergic rhinitis have been denied as there is no evidence linking these conditions to his military service.

The Board denied the Veteran's claims for service connection for a low back disability and a left knee disability.

The Board has determined that the Veteran's degenerative joint disease of the bilateral hips, knees, and lumbar spine is not related to his military service.

The Veteran's service-connected degenerative disc disease of the lumbosacral spine was granted an initial evaluation of 20 percent effective December 17, 2008.

The Veteran has withdrawn his appeals regarding the issues of service connection for chronic pneumonia, an evaluation in excess of 40 percent for low back strain, and a compensable evaluation for abdominal scars. As such, these claims are dismissed.

The Board found that new and material evidence had not been received to reopen the claim of service connection for a low back disability. The Veteran's current low back problems are not related to his military service.