Back / lumbar spine decisions — 2009

The Board denied the Veteran's claims for service connection for low back strain and otitis interna, finding no evidence of a current disability related to service.

The Board denied the Veteran's claims for service connection for left ear hearing loss and an initial rating higher than 10 percent for a lumbar strain. The Veteran does not have current left ear hearing loss, and his low back strain has been manifested by forward flexion to between 70 and 90 degrees, extension to between 10 and 30 degrees, and left and right lateral flexion and rotation all to 30 degrees.

The Veteran's additional disability of degenerative disc disease with radiculopathy is denied as it was not caused by VA treatment.

The Veteran's service-connected bilateral pes planus, degenerative disc disease at C6-7, and irritable bowel syndrome (IBS) have been granted increased ratings. The initial evaluations for these conditions are now 10 percent each.

The Board has decided to remand the Veteran's claims for further action, including scheduling a DRO hearing and obtaining VA treatment records.

The Board denied the Veteran's claim to reopen his service connection for a back disorder, finding that no new and material evidence had been submitted.

The Veteran's service-connected back disorder was evaluated at a 20 percent rating from December 29, 2003 to August 1, 2007. The Board found that the evidence did not support an increased evaluation in excess of this rating.

The Board found that the Veteran's claimed conditions are not related to his military service and denied all of his claims.

The Veteran's appeal is being remanded for clarification of the type of hearing he desires and scheduling a hearing.

The Board found that the Veteran did not have current diagnoses of sleep apnea, residuals of a right hand injury, or low back disorder. The Board also determined that there was no evidence of chronic left foot injuries during service and thus denied service connection for these conditions.

The Veteran's conditions, while disabling, do not meet the criteria for special monthly pension benefits based on need for regular aid and attendance or by reason of being housebound.

The Veteran does not have a left hip disability or lumbar and thoracic spine disabilities that were caused or aggravated by his service, or by a service-connected disability. His combined evaluation is 40 percent.

The Board has determined that the appellant does not have a current diagnosis of hepatitis B or C, and thus cannot establish service connection for these conditions. The claim for a separate disability evaluation for degenerative joint disease (DJD) of the lumbar spine is denied as there is no evidence to support an additional rating beyond what is already assigned for his service-connected lumbar strain.

The Board has remanded the case for additional development, including obtaining verification of service dates and obtaining VA treatment records. The Veteran's claim for service connection for a low back condition and an initial rating for Morton's metatarsalgia is also being remanded.

The Veteran's neck and low back disorders were not incurred in or aggravated by service. The Board found no medical evidence linking the current conditions to his military service.

The Board finds that the Veteran's low back disability was incurred in service and grants service connection for this condition.

The Veteran's appeals for service connection for cervical stenosis and thoracolumbar spine disability have been withdrawn. The appeal for financial assistance in the purchase of an automobile or other conveyance has been denied.

The Board has remanded the case for further examination and development due to insufficient evidence regarding functional loss during flare-ups.

The Veteran's appeal involves issues regarding the rating of his lumbar strain with degenerative changes and an earlier effective date for service connection. The case is being remanded to obtain additional development, including a VA examination.

The Board has ordered additional development due to incomplete records and the need for medical opinions regarding service connection claims.