Back / lumbar spine decisions — 2004

The veteran's low back disability is manifested by symptoms equivalent to doctor-prescribed bed rest with a total duration of at least four weeks but less than six weeks in the past year, warranting a 40 percent rating for intervertebral disc syndrome.

The Board has determined that the veteran's current low back disorder is service-connected, as it was incurred during active duty for training in 1967.

The Board denied the veteran's claims for service connection of right knee, right hip, and low back disabilities as secondary to his service-connected right ankle strain with arthritis.

The Board has granted service connection for a chronic acquired low back disorder and an increased rating of 10 percent for left knee strain with arthritis from October 29, 2003. The appeal regarding TDIU is referred to the RO&IC.

The Board has granted service connection for the residuals of lumbosacral surgery due to degenerative disc disease, finding that it is related to his inservice back injury. The claim for an increased evaluation for lumbosacral strain remains pending.

The Board denied service connection for bilateral pes planus and a back disorder secondary to bilateral pes planus, finding that the veteran's preexisting pes planus did not increase in service and there was no evidence of a link between his back disorder and a service-connected disability.

The Board has granted the veteran's claim for service connection for major depression, secondary to his service-connected low back disability. The initial rating of 40 percent is maintained.

The Board denied service connection for hearing loss and granted service connection for a right knee disability, but the rating assigned was only 10 percent. The low back disability issue is remanded to the RO.

The Board has determined that new and material evidence has been received to reopen the veteran's claim of service connection for lumbosacral strain with degenerative joint disease/degenerative disc disease. The case is remanded for further development.

The Board has determined that the veteran's current low back disability, diagnosed as degenerative disc disease with facet arthritis at L5-S1 and L4-5, is related to his military service. As such, service connection for residuals of a low back injury is granted.

The veteran is seeking an increased rating for his service-connected cervical spine disability and a longer period of convalescence. The case is being remanded to the RO for further development.

The VA denied a compensable disability evaluation for the veteran's service-connected low back disability, finding no residual disability resulting from his condition.

The Board denied the veteran's claims for service connection for a back disorder and hip disorder, finding no current disabilities exist to support these claims.

The Board denied the veteran's claims for service connection for groin pain and back disorder, finding no evidence of a current disability related to his military service.

The Board has denied the veteran's claims of service connection for left foot, left knee, and back disorders as secondary to his service-connected paresthesia right knee and right great toe disability.

The Board has denied service connection for a respiratory disorder and a back disability. The veteran's residual scar of a projectile shell injury to the right buttock was granted, but with a noncompensable rating.

The Board denied the appellant's claims for service connection for diplopia, and for increased ratings for his cervical spine and lumbosacral spine disabilities. The VA examinations conducted in December 1999 and August 2002 were not provided to the appellant.

The Board has remanded the case for additional development and consideration of new evidence, including medical records from Sierra Gateway Hospital and Dr. S.C., as well as a VA psychiatric examination to determine if PTSD was caused by military service.

The Board found that the veteran's cervical and lumbar spine disorders were not incurred in or aggravated by service, nor could they be presumed to have been incurred due to exposure to Agent Orange. The claims for these conditions were denied.

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