Back / lumbar spine decisions — 2004

The Board has granted the veteran's claims for increased evaluations for right shoulder impingement syndrome and bicipital tendonitis, bilateral plantar fasciitis, myofascial lumbar paraspinal muscle pain, residuals of a right fifth toe fracture (status post arthroplasty), and breast disease (status post left breast lumpectomy times three).

The Board denied the veteran's claims for service connection for PTSD and a psychiatric disability other than PTSD, as well as his claim for a low back disability. The appeal was also denied regarding basic eligibility for nonservice-connected disability pension benefits.

The Board has decided to remand the case for additional development, including obtaining a discharge upgrade and conducting a VA examination.

The Board has determined that the appellant's right shoulder degenerative joint disease is service-connected, but his left knee and back conditions are not.

The Board has determined that additional development is needed to determine the nature and etiology of the veteran's claimed conditions, including whether they are related to service.

The Board denied the veteran's claims for service connection for chronic low back pain with slight narrowing of L5-S1, a bilateral leg condition, and bilateral hearing loss.,Service connection was not granted for any of these conditions as new and material evidence had not been submitted to reopen the claim for chronic low back pain with slight narrowing of L5-S1. The Board also found that there is no current evidence of a bilateral leg disability or bilateral hearing loss.,The veteran's claims were denied because the preponderance of the evidence did not support the existence of these conditions.

The Board is remanding the case for further development, including a new medical examination and MRI scan to evaluate all current impairment associated with the service-connected mechanical low back pain disability. The appellant's intent regarding any newly-raised claims should also be clarified.

The Board denied the appellant's claims for service connection for degenerative changes of the lumbar spine with spina bifida occulta and for bilateral pes planus. The claim for bilateral pes planus was also denied as new and material evidence had not been submitted to reopen it.

The veteran's appeal is remanded due to the RO denying his claims for increased ratings and temporary total ratings. The diabetes mellitus claim remains pending.

The Board found that the veteran's current back disorder did not begin during service and was not caused by any incident of service, including exposure to extreme cold temperatures. The claim for service connection is denied.

The veteran's claim for an earlier effective date for service connection of a low back disorder is being remanded due to the need to adjudicate whether the October 1997 rating decision involved clear and unmistakable error (CUE).

The Board denied the veteran's claims for initial increased ratings for degenerative joint disease of his right and left knees, finding that the evidence did not support a higher disability rating. The claim for service connection for degenerative disc disease of the thoracic spine was also denied.

The veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is being remanded for additional development, including obtaining medical opinions regarding his employability and conducting VA examinations.

The Board has granted service connection for an anxiety disorder with depression as secondary to the veteran's service-connected systemic lupus erythematosus. The claim for a low back disability is also granted, and a 60% evaluation is assigned.

The Board has granted a 20 percent disability rating for the veteran's lumbosacral strain, effective from the date of the decision.

The Board denied the veteran's claims for a disability rating in excess of 10 percent for his thoracic spine disorder, service connection for degenerative disc disease of the lumbar and cervical spine as secondary to his service-connected thoracic spine disorder, and TDIU due to his service-connected thoracic spine disorder.

The Board granted an increased rating to 20 percent for the service-connected chronic low back strain and denied a compensable rating for the residuals of the right knee injury.

The Board has granted an initial rating of 20 percent for the veteran's cervical spine disability, effective October 1992. The disability is rated as degenerative disc disease with numbness of the right upper extremity.

The Board has determined that the veteran's degenerative disease of the lumbosacral spine is etiologically related to service and/or service-connected lumbar strain, warranting service connection.

The Board found that the veteran's current low back disability is not related to his service, and thus denied his claim for service connection.