Back / lumbar spine decisions — 2011

The Veteran's diabetes mellitus type II was not incurred in or aggravated by service, and his low back condition and left ankle sprain and chip fracture were not shown to be related to service. The claims for these conditions are denied.

The Veteran's service-connected degenerative disc disease of the lumbar spine, status post L4-5 laminectomy, has been rated at 10 percent since September 12, 2007.

The Veteran's claim for an increased rating for his service-connected degenerative disc disease of the lumbar spine is being remanded due to the need for further evidentiary development, including clarification on whether he has right lower extremity radiculopathy.

The Veteran's claims are being remanded due to his request for a hearing before the Board of Veterans' Appeals. The issues include reopening and denying service connection for low back or lumbosacral spine disorder, bilateral hearing loss, tinnitus, and neck or cervical spine disorder.

The Board has remanded the case for further development, including scheduling a VA examination to determine the etiology of any low back disorder found and readjudicating the claim.

The Board has determined that the Veteran's death was caused by his service-connected disabilities, specifically his use of non-steroidal anti-inflammatory drugs (NSAIDs) to treat these conditions.

The Veteran is not eligible for financial assistance in purchasing specially adapted housing or a special home adaptation grant due to the lack of anatomical loss or use of either lower extremity.

The Veteran's DDD of the lumbar spine is granted as service connected. The effective dates for other conditions are being remanded.

The Board granted special monthly pension benefits based on the need for regular aid and attendance, effective May 13, 2005. The decision was based on the Veteran's overall condition including visual acuity issues, neurological problems, and physical disabilities.

The Board has determined that the Veteran's currently diagnosed degenerative disc disease of the cervical spine, right knee disability (status post right arthroplasty), and left knee disability are related to his military service. The claims for these conditions have been granted.

The Veteran's low back strain prior to March 11, 2008 was rated at 20 percent. As of March 11, 2008, the rating remained at 20 percent. The Board found no basis for a higher evaluation based on neurological manifestations in the right lower extremity.

The Board has remanded the case for additional development, including obtaining medical records from Farmers Insurance, Baechtel Creek Medical Clinic, and Dr. M.M.

The Veteran's right knee disorder is not service-connected as it did not arise during active duty and is not linked to his service-connected lumbosacral spine disability.,The Veteran's claim for an increased rating for his lumbosacral spine disability was denied.

The Board denied the Veteran's claims for service connection for PTSD, low back disability, and left shoulder disability. The claims were adjudicated on a direct basis without any presumption or secondary service connection.

The Veteran's degenerative disc disease of the lumbar spine has been evaluated at 40 percent since September 2001. The claim for an increased evaluation was received in February 2006, and the rating period is from February 2005.

The Board denied an evaluation in excess of 40 percent for the Veteran's service-connected low back condition, on a schedular basis. The claim was remanded to determine if an extraschedular rating is warranted.

The Board found that the Veteran's neck disorder, including cervical spine degenerative disc disease, was not incurred in or aggravated by active military service and could not be presumed to be due to an undiagnosed illness. The Board also determined that it was not proximately caused or aggravated by a service-connected disability.

The Veteran's claims for service connection and increased ratings were denied. The Board found no evidence of a current left shoulder disability that was incurred or aggravated by service, and the cervical spine disability is not shown to be aggravated during service.

The Board found no evidence of a current disability related to the Veteran's service, and thus denied his claims for service connection for cervical spine disorder and thoracolumbar spine disorder.

The Board has granted service connection for a low back disorder and found that the Veteran's current condition is causally related to his in-service injury. The claim of service connection for bilateral knee disorders was not addressed on appeal.