Back / lumbar spine decisions — 2005

The Board has determined that the earliest possible effective date for the award of service connection for degenerative disc disease of the lumbosacral spine with herniated disc at L5-S1 is March 13, 2001.

The veteran's claim for an increased evaluation for his service-connected chronic lumbosacral strain is being remanded due to the need for a more contemporaneous VA examination and consideration of new rating criteria.

The case is being remanded for additional development, including obtaining medical records and scheduling VA examinations to determine the nature and etiology of the veteran's low back disorder and hemorrhoids.

The Board found that the veteran's lumbar strain with degenerative changes warranted a rating of 40 percent, effective September 26, 2003.

The Board found that the veteran's degenerative disc disease of the lumbosacral spine and meralgia paresthetica were incurred in service, granting service connection for these conditions.

The Board has granted service connection for PTSD and increased ratings for the veteran's lumbosacral strain and cervical whiplash injury.

The Board has not made a final determination on the service connection claim for low back disorder, as it is pending and requires further development.

The Board found that the veteran's hepatitis C was not incurred during active duty, as it is more likely due to his own intravenous drug use. The low back disability issue remains pending.

The VA determined that the veteran's degenerative disc disease of the lumbar spine does not warrant a rating higher than 20 percent, as his symptoms do not meet the criteria for severe disability or incapacitating episodes.

The Board has determined that the veteran's current low back disability is not related to his active military service or his service-connected pilonidal cyst, and thus denied his claim for service connection.

The Board denied the veteran's claim for an increased disability rating for his lumbosacral strain with degenerative joint and disc disease, currently rated at 40 percent. The evidence did not meet the criteria for a higher rating under the applicable VA rating criteria.

The veteran's claims for service connection are being remanded due to the need for additional development of his medical records and examination.

The Board has determined that there is no evidence of current disabilities for the claimed conditions, and thus service connection cannot be granted.

The Board denied the veteran's claim for service connection for a low back disorder, finding that there was no evidence of an in-service injury or disease related to his current condition. The claim for reopening the tinnitus claim due to new and material evidence was also denied.

The Board has denied the veteran's claim for service connection for degenerative disc disease of the lumbosacral spine, finding that there is no evidence linking his current disability to his service or any incident therein.

The Board has remanded the veteran's claims for service connection for hepatitis C, a low back condition, and a cervical spine condition due to insufficient medical nexus evidence and incomplete Social Security Administration records.

The Board granted a 40 percent evaluation for the service-connected low back disability, classified as low back pain with left lower extremity radiculopathy, effective prior to December 14, 2000. The Board also found that appellant's service-connected disabilities were sufficient to produce unemployability, effective prior to January 1, 2005.

The Board found that the veteran's current nerve disorders of the right arm, neck and back are not related to his inservice laceration injury. The claim was denied.

The Board denied service connection for a lumbar spine disorder, hearing loss, tinnitus, and a residual scar from a right eyebrow laceration. The appellant's claims were not supported by sufficient evidence to establish a link between these conditions and his military service.

The Board has determined that the veteran's claimed conditions are not service-connected and have denied his claims.