Back / lumbar spine decisions — 2010

The Board denied the Veteran's claims for service connection for acquired psychiatric disorder, bilateral hearing loss, tinnitus, low back disorder, skin disorder, hypertension, and vertigo. The Board found that there was no evidence of chronic manifestations of these conditions during or within one year after service discharge.

The Board has determined that the Veteran's appeal was timely perfected with respect to his claim for service connection for status-post C5-6 anterior cervical discectomy and fusion (previously considered as degenerative disc disease of the cervical spine).

The Board finds that the Veteran's diagnosed back and bilateral knee disabilities were not incurred in or aggravated by his active military service, nor may such conditions be presumed to have been incurred in or aggravated by service. As a result, the claims for service connection are denied.

The Veteran's appeal was dismissed due to his death.

The Board has determined that the Veteran's post-operative residuals of a hysterectomy are related to her military service and grants this claim.

The Veteran's degenerative joint disease and degenerative disc disease of the lumbar spine are currently rated at 10 percent, but the Board finds that this rating is not adequate as his disability does not meet or approximate the criteria for a higher evaluation.

The Veteran's claims for increased ratings for his service-connected degenerative disc disease of the L5-S1 spine, left knee arthritis with a history of meniscectomy, and right knee arthritis have been denied as there is no evidence showing that any of these conditions meet or approximate the criteria for a rating in excess of 10 percent at any time during the pendency of the appeal.

The Veteran's claims for service connection are being remanded due to the need for additional development and examination. The case will be reviewed de novo after all relevant evidence is obtained.

The Board found that the Veteran's dependency allowance was properly reduced to remove his stepson, R.B., following his divorce from R.B.'s mother. The retroactive termination of the additional dependency allowance for R.B. as a stepchild was proper.

The Veteran's claims for service connection have been denied. The Board found that there was no credible evidence of a stressor event in service, and thus the claim for PTSD could not be substantiated. The other claims were also denied due to lack of supporting evidence or medical nexus.

The Board denied the Veteran's claims for service connection for various conditions, finding that there was no evidence of a nexus between his claimed disabilities and military service or exposure to Agent Orange.

The Veteran's right foot disability is being considered for service connection, with the possibility that it may be secondary to his already service-connected low back condition. The Board has requested a new VA examination to determine if there is any relationship between the two conditions.

The Veteran's degenerative disk disease of the lumbar spine is secondary to his service-connected degenerative joint disease of the left hip and has been granted service connection.

The Veteran's service-connected low back disability is rated at 60 percent, effective May 13, 2003. The claim for an earlier effective date for the grant of service connection remains denied.

The Veteran's claim for a rating in excess of 20 percent for degenerative disc disease of the lumbar spine was denied. The claim for service connection for diabetes mellitus, which is presumed to be due to exposure to herbicides, was also denied.

The Board denied the appellant's claims for service connection for residuals of an injury to the left knee and leg, as well as low back disability. The Board found that these conditions were not incurred in or aggravated by service.

The Board found that the Veteran's service-connected gouty arthritis and cervical spine degenerative disc disease do not warrant initial ratings greater than 20 percent and 10 percent, respectively.

The Veteran's service-connected lumbosacral strain with spondylolisthesis at L5-S1 was denied for higher initial ratings from December 21, 1957, through July 12, 1985, and from July 13, 1985, to January 27, 1994.

The Veteran's claims for service connection for chronic back and neck disorders were denied as there is no evidence that these conditions are related to his military service.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining Social Security Administration records.