Back / lumbar spine decisions — 2009

The Veteran's claim for service connection for a lumbosacral disability and bilateral lower extremity peripheral neuropathy has been granted. His claims for bilateral hearing loss and tinnitus have also been granted.

The Board finds that the Veteran did not have a low back disorder in service and there is no competent medical evidence linking his current condition to service. As such, the claim for service connection for a low back disorder is denied.

The Veteran withdrew his appeals for all issues on appeal.

The Veteran's claim for an increased disability rating for service-connected mechanical low back pain is being remanded due to the need for additional development, including a VA examination and proper notification regarding extra-schedular considerations.

The Board found that the Veteran's current low back disorder is not related to his service, including as the result of any injury claimed to have occurred during a period of active duty for training. The preponderance of evidence does not support the claim.

The Board has granted service connection for numbness in the legs as secondary to the Veteran's service-connected lumbosacral spine disorder. The rating of 20% for the lumbosacral spine disorder remains unchanged.

The Veteran's disabilities, while disabling, do not meet the criteria for special monthly pension based on need for aid and attendance or being housebound.

The Board denied service connection for a low back condition and bilateral ankle conditions, finding that the Veteran's current conditions are not related to his active service.

The Board has granted the Veteran's claims for separate 20 percent ratings for radiculopathy of the right and left lower extremities, a TDIU rating, and retroactive Dependents' Educational Assistance (DEA) under Chapter 35. The effective dates are set to April 10, 2003.

The Board found no evidence of a chronic condition during service or within the applicable presumptive period, and there is no competent medical nexus linking any current disabilities to military service. The Veteran's claims for right and left knee disabilities, residuals of a fracture of the left fifth finger, a disability of the neck and upper back, a lumbar spine disability, and Reiter's syndrome were denied.

The Board has determined that the Veteran's current back disability is related to his in-service accident and/or his service-connected rib and shoulder disabilities, granting service connection for osteoarthritis of the thoracolumbar spine.

The Veteran's appeals for increased ratings for his low back strain and left knee instability were denied, but he was granted a separate disability rating of 20 percent for early degenerative changes of the left knee.

The Board has determined that there is no competent medical evidence linking the Veteran's current back disorder with his period of service. Therefore, service connection for degenerative disc disease, low back is denied.

The Board found that the Veteran's low back disability does not meet or approximate the criteria for a higher evaluation, as he did not have ankylosis of the thoracolumbar spine and his disability has not been manifested by incapacitating episodes requiring bed rest prescribed by a physician.

The Veteran's initial claim for service connection for chronic lumbar strain was granted. The Board has now determined that he is entitled to a rating of 20 percent for his disability from October 20, 2004.

The Board found that the Veteran's current low back disability did not originate in service and denied his claim for service connection.

The Veteran's claims for increased ratings for his knee and lumbar spine disabilities, as well as hypertension, were denied. The conditions are rated based on their direct service connection without any presumption or secondary theory.

The Board has determined that the Veteran's current low back disabilities, including lumbar strain and degenerative joint disease of the lumbar spine, were incurred through injury sustained during a period of ACDUTRA in 1978.

The Veteran's service connection claims for degenerative disc disease, lumbar spine; headaches; and allergic rhinitis are all granted.

The Board found no evidence of a low back disorder during service or within one year post-service, and the Veteran's current low back disorders are not linked to his military service. The claim for service connection is denied.