Back / lumbar spine decisions — 2004

The VA determined that the veteran's low back disability does not warrant a rating in excess of 10 percent, as it only manifests slight limitation of motion without intervertebral disc syndrome or other severe symptoms.

The Board denied service connection for degenerative osteoarthritis of the knees and lumbosacral spine as secondary to the knees. The evidence did not support a finding that these conditions were incurred in or aggravated by service.

The Board found that the veteran's lumbar and cervical 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 or other environmental factors. The diagnoses of degenerative joint disease and spondylosis are consistent with wear and tear from strenuous activities.

The Board has denied the veteran's claims for service connection for a back condition, right leg condition, and degenerative joint disease. The appeals are dismissed due to failure to provide a statement of the case.

The VA has determined that the veteran's mechanical low back pain with limitation of motion warrants a rating of 40 percent, effective from March 31, 1997.

The Board has granted service connection for bilateral hearing loss. The veteran's low back, mid back, right shoulder, and right elbow disabilities are being remanded to the RO for further development.

The veteran's appeal is being remanded for additional development to obtain medical records and conduct examinations.

The veteran's claim for an increased evaluation of his service-connected lumbosacral strain is being remanded due to procedural defects in the notification and development process, as well as potential changes in the rating criteria for spine disabilities.

The Board has determined that the veteran does not have a low back disability related to military service and therefore denied his claim for service connection.

The Board has remanded the case for additional development due to issues related to service connection for a psychiatric disorder and a back disorder. The veteran served in the Persian Gulf during his active duty.

The Board has reopened the veteran's claim for service connection for cervical spine disability due to new and material evidence. The case is being remanded to obtain VA medical records, clarify the location of back pain treatment by a private physician, and determine if the veteran qualifies for special monthly pension based on need for aid and attendance or housebound status.

The Board found no evidence of a current back disability and denied the veteran's claim for service connection.

The Board has determined that the veteran does not have any current skin rash, bilateral ear disorder (to include hearing loss), bilateral foot disorder, low back disorder, or bilateral shoulder and hand disorders. The claims are denied.

The VA reduced the veteran's disability rating for mechanical low back pain from 40% to 10%, effective May 1, 1997. The reduction was upheld as the current evidence did not meet the criteria for a higher rating.

The Board has granted service connection for diabetic nephropathy, which is evaluated as 80 percent disabling. The veteran's hypertension is related to his service-connected diabetic nephropathy and thus service connection is also granted on a secondary basis.

The Board has denied the veteran's claims for service connection for lumbosacral strain and liver damage due to substance abuse, finding that there is no evidence of a causal link between these conditions and his military service.

The Board has determined that the veteran's low back disability, which preexisted active service, did not undergo a permanent worsening during either of his periods of active duty. Therefore, service connection for this condition is denied.

The Board found that the veteran does not have a chronic acquired low back disorder linked to active service and denied his claim for service connection.

The Board denied the veteran's petitions to reopen his claims for service connection for headaches, a back disorder, and bilateral hearing loss. The appeals were not successful.

The Board has remanded the case due to insufficient evidence regarding whether the veteran's service-connected left knee disability caused or aggravated her nonservice-connected back condition. The RO is instructed to arrange for a VA examination and obtain additional medical records.