Back / lumbar spine decisions — 2010

The Veteran's claim for service connection for atherosclerotic heart disease and low back pain was denied. The Board found that there is no current diagnosis of these conditions.

The Veteran's appeal is being remanded due to the unavailability of service treatment records and incomplete post-service medical records. The RO will attempt to obtain these records and provide the Veteran with an opportunity for a VA examination if necessary.

The Board has determined that the Veteran's multilevel degenerative changes, primarily from L2-L5/S1, are related to his service and grants service connection for this condition.

The Veteran's claim for aid and attendance benefits was granted, effective from May 28, 2003. The Appellant is seeking retroactive compensation due to the allowance of increased benefits based on aid and attendance.

The Board found that the Veteran's back disorder was not incurred in or aggravated by active service and is not proximately due to, the result of, or aggravated by, a service-connected disability.

The Board found that the Veteran's lumbar spine disability did not manifest during or as a result of active military service and denied his claim for service connection. The right foot drop was also denied as secondary to a nonservice-connected lumbar spine disability.

The Veteran's service-connected low back syndrome is currently rated at 20 percent, and the Board finds that it does not meet the criteria for a higher rating.

The Veteran's service connection claims for arthritis of the lumbosacral spine and right knee were denied as his conditions are not related to active service.

The Veteran's chronic low back strain is currently rated at 20 percent, and the Board has granted a rating in excess of 10 percent for residuals of right and left ankle fractures. Service connection for anxiety disorder and arthritis of the ankles to include as secondary to service-connected ankle fractures was also granted.

The Board has remanded the case for further development, including VA examinations and readjudication of service connection claims. The Veteran's TDIU claim is also pending.

The Board found that the Veteran's current low back disability was not incurred in or aggravated by service, and denied his claim for service connection.

The Veteran's service-connected intervertebral disc syndrome of the lumbar spine with degenerative changes is rated at 20 percent prior to January 3, 2008 and at 40 percent as of that date. Separate 10 percent evaluations are assigned for right and left lower extremity radiculopathy associated with the service-connected intervertebral disc syndrome. The Veteran's service-connected chondromalacia patella of the right knee and left knee is rated at 10 percent.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claims for service connection for tinnitus, bilateral hearing loss, and a lumbar spine disorder. The RO's final decisions in February 1989 and October 1991 are considered final based on the evidence then of record.

The Veteran's claim for an evaluation in excess of 10 percent for a low back disability prior to May 6, 2003 was denied. The claim for an evaluation in excess of 20 percent after May 6, 2003 was granted.

The Veteran withdrew his appeal regarding the issue of entitlement to service connection for dysphagia and gastroesophageal reflux disease (GERD), to include as secondary to service-connected PTSD.

The Board denied the Veteran's claims of service connection for a bilateral shoulder disability, low back disability, neck disability, weakness in legs, and laceration on the back. The evidence did not establish a nexus between these disabilities and active military service.

The Veteran's service-connected surgical scar, right hip, is rated at a maximum of 10 percent due to tenderness on palpation. The claim for higher initial evaluations remains pending.

The Board has granted service connection for chloracne due to presumed exposure to herbicides during active duty in Vietnam. The Veteran's low back disability is also found to be related to his combat injuries sustained during service, and the Board has determined that this relationship is as likely as not caused by his military service.

The Veteran's claims for an earlier effective date for bilateral hearing loss, a compensable rating for residuals of right cheekbone fracture, and service connection for various conditions have been denied. The Board found that the evidence did not meet the criteria for an earlier effective date prior to June 13, 2003, as no claim was filed before this date. The Veteran's other claims were also denied.

The Board has reopened the Veteran's previously denied claim of service connection for a low back disability. The RO must be afforded the opportunity to adjudicate this reopened claim de novo prior to appellate consideration.