Back / lumbar spine decisions — 2005

The Board granted service connection for a lumbar spine disorder and assigned an initial 40 percent rating effective from May 5, 1999. The veteran's appeal was denied for service connection for iliotibial band syndrome.

The Board has determined that the veteran's claim for an effective date earlier than July 17, 2000 for service connection of a back disorder is denied as there was no prior informal or formal claim received before this date.

The Board has determined that the veteran's back disability, shoulder disabilities, and elbow disabilities are related to his service. Tinnitus is not shown to be related to service.

The Board has denied the veteran's claim for service connection for a low back disorder, finding that there is no evidence linking his current condition to his military service or any service-connected disabilities. The Board also found that arthritis of the lumbosacral spine was not shown in service or within one year after separation.

The Board has determined that the veteran does not have a current back disorder or arthritis due to injury or disease incurred in service. The claim for service connection is denied.

The Board has granted a 40 percent disability rating for the veteran's low back disability effective from May 16, 2001. The RO also granted a 60 percent disability rating for the same condition starting July 10, 2003.

The Board found that new and material evidence had not been presented to reopen the veteran's claim of service connection for a low back disorder, which was initially denied in April 1958. The evidence received since then did not relate to an unestablished fact necessary to substantiate the claim.

The Board found that the veteran's low back disorder was not incurred in service and denied his claim for service connection. The RO previously denied service connection for sterility, but did not reopen it due to lack of new and material evidence.

The Board denied the veteran's increased rating claims for his service-connected low back syndrome with degenerative arthritis and left knee disability, finding that a higher evaluation than 20 percent was not warranted based on the evidence of record.

The veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The Board has reopened the veteran's claim of service connection for a back disorder and remanded it to the RO for further development. The new evidence includes VA Form 21-4142, ARH records from June 1975, and May 2004 VA examination report.

The Board has granted service connection for right hip, left hip, and low back disorders based on continuity of symptoms since service.

The veteran's appeal involves issues related to increased ratings for ankylosing spondylitis of the lumbar spine and left hip, as well as a request for an effective date prior to August 5, 2002, for the grant of TDIU. The case is being remanded due to procedural errors.

The Board has determined that the veteran's death was not caused or contributed to by any service-connected disability, and thus denied the claim for service connection for the cause of death.

The veteran's low back disorder, characterized by severe limitation of motion and moderate incomplete paralysis of the sciatic nerve, is currently rated at 60 percent. The Board finds that this rating adequately reflects his disability.

The veteran's appeal is being remanded to obtain updated medical records and to schedule him for VA examinations to assess the severity of his service-connected disabilities. The RO will then re-adjudicate his claims based on the new evidence and examination results.

The Board finds that the veteran's lumbar spine disorder was preexisting and not aggravated by service. The dermatitis claim is also denied as there is no evidence linking it to service, including herbicide exposure.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of service connection for a low back disability. The evidence shows chronic back pain dating back to 1989, but does not establish continuity of treatment from discharge in 1981 to 1989.

The Board has granted a 20 percent evaluation for the veteran's service-connected degenerative disc disease of the lumbar spine as of January 4, 2005. The effective date is set at January 25, 2005.

The veteran's claim for an increased rating for his service-connected musculoligamentous sprain, lumbosacral sprain was granted effective August 14, 2004. The current disability rating is 40 percent.