Back / lumbar spine decisions — 2004

The Board has determined that the veteran's current back disability is not related to his military service and denied his claim for service connection.

The veteran's right elbow disorder is rated at 10 percent, and he has a combined evaluation of 80 percent from his service-connected disabilities. The Board finds that the evidence does not support an increased rating for the right elbow disorder. However, the veteran's multiple service-connected conditions collectively preclude him from obtaining and retaining substantially gainful employment, warranting a TDIU.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for a back disorder, which is now diagnosed as degenerative joint and disc disease of the dorso-lumbar spine. The Board finds that the veteran incurred this disability during his military service.

The veteran's claims for service connection for PTSD and low back strain are being remanded to the RO for additional development.

The Board has reopened the veteran's claim for service connection for a low back disorder due to new and material evidence submitted since the May 1990 decision. The claim will now be reviewed on its merits.

The Board has denied the veteran's claims for increased evaluations for service-connected left shoulder strain, right great toe strain, and patellofemoral pain syndrome of the left knee. The issues of disability evaluations for cervical and lumbosacral strain and service connection for chest pain are remanded to the RO.

The veteran's low back disability, characterized by severe degenerative disc disease at L5-S1 and severe degenerative facet disease at the lower two vertebrae, has been rated as 40 percent disabling. The Board found that a higher rating of 60 percent is warranted based on the severity of his symptoms.

The Board has determined that the veteran's low back and right ankle disabilities are service-connected, while his nose fracture is not. The right ankle weakness is found to be related to the lumbar spine disability.

The veteran's increased evaluations for degenerative disc disease of the lumbar spine, tardy ulnar nerve syndrome with camptodactyly of the left and right upper extremities were denied. The Board found no basis to grant a higher rating under the applicable diagnostic codes.

The VA determined that the veteran's service-connected low back disorder does not warrant a rating in excess of 10 percent.

The Board has determined that the veteran does not have a current disability related to his service, except for left knee osteophyte and chondromalacia which is presumed due to trauma from active duty service. The other conditions are either not shown to be related to service or were not found by the RO in their initial decision.

The Board denied an increased rating for lumbosacral strain and arthritis of the lumbar spine, but granted a 10 percent evaluation for tinea pedis effective June 8, 1998. The claim for an earlier effective date for tinea pedis was also denied.

The Board denied the veteran's claim for an increased disability rating for his service-connected lumbar spine disorder, currently rated at 40 percent. The issue of service connection for a cervical spine disability was also addressed but is being remanded.

The veteran's appeal is being remanded due to the need for additional examinations and consideration of his service-connected lumbar strain and hiatal hernia.

The Board has remanded the case for additional development, including an orthopedic examination and a dental examination. The issues of service connection for cervical and lumbosacral spine disabilities are pending.

The veteran's appeal is being remanded for further evaluation of his service-connected chronic lumbosacral strain and fungal infection of the feet, including consideration of both old and revised rating criteria.

The Board denied the veteran's claims for service connection for a low back disorder and headaches and dizziness, finding that there was no evidence of current disabilities or a relationship to service.

The Board has remanded the case for further development, including a VA examination and opinion regarding the nature of the appellant's low back disorder and its relationship to service or service-connected conditions.

The veteran's claims for increased evaluations of his service-connected disabilities are being remanded to the RO for further development and consideration.

The Board granted a TDIU effective February 21, 2001 and increased the veteran's service-connected back condition to 60 percent disabling. The issues of hearing loss and diabetes mellitus Type II due to herbicide exposure were also addressed.