Back / lumbar spine decisions — 2005

The case is being remanded to the RO for scheduling a personal hearing before the RO and readjudicating the issues on appeal, including consideration of all evidence. The veteran must be provided with an opportunity to respond after any additional development.

The Board denied the veteran's claims for service connection for a low back disorder and a dental disorder, finding no evidence of chronic conditions in service or subsequent continuity of symptoms. The Board also found insufficient evidence to establish service connection based on secondary service connection due to an already service-connected condition.

The Board denied the veteran's claims of service connection for various disabilities, finding that there was no current disability for VA purposes and that the evidence did not support a finding of in-service incurrence or aggravation.

The Board denied the veteran's claims for service connection for osteoarthritis of the lumbar spine and Madelung's disease, finding that there was no evidence to support these conditions as being incurred or aggravated by active military service.

The VA denied the veteran's claim for an increased rating of his service-connected lumbosacral strain, currently rated at 20 percent.

The Board denied the claims for increased evaluation for residuals of a fracture of the left fibula, service connection for a back disorder, and service connection for an acquired psychiatric disorder. The claim for TDIU was also denied.

The veteran's claims for increased ratings for cervical spine, lumbar degenerative disc disease, and thoracic spine disabilities were denied as the evidence did not show that his service-connected conditions warranted higher disability evaluations.

The veteran's service-connected low back disability, characterized by pain and decreased range of motion with additional loss of motion due to weakened movement, excess fatigability, and incoordination, meets the criteria for a 40 percent rating under the current VA rating formula.

The veteran's lumbar spine disorder is currently rated at 40% since July 7, 2004.,The veteran's cervical spine disorder is currently rated at 20% since July 28, 1998.

The VA denied the veteran's claims for increased evaluations for calcific peritendonitis of the left shoulder and lumbosacral strain, finding that both conditions did not warrant an evaluation in excess of 20 percent.

The Board found that the veteran's low back disability was not incurred in or aggravated by his active duty service and denied the claim.

The Board found that the veteran's current lower back disability was not caused by his in-service back injury and denied his claim for service connection.

The Board denied the veteran's claims for service connection for a cervical spine disability and PTSD, as well as her requests for increased ratings for her low back disability. The claim to reopen her cervical spine disability was not granted due to lack of new and material evidence. Her initial rating for her low back disability prior to September 23, 2002 was denied, but she received a higher rating after that date.

The veteran's appeal involves multiple service connection claims for various conditions, including liver disorders, head/neck injuries, back and limb issues, rash on buttocks, hypertension, memory loss, insomnia, stress, joint and muscle pain, and right knee problems. The RO is instructed to obtain his complete service medical records and issue a statement of the case regarding the undiagnosed illness claims.

The VA determined that there is no evidence of a current right shoulder or back disorder related to military service.

The VA determined that the veteran's service-connected degenerative joint disease of the lumbosacral spine with low back strain does not warrant a rating in excess of 40 percent.

The veteran's claims for increased ratings for his service-connected cervical spine and lumbar spine disabilities were denied as the evidence did not show that the disabilities are so exceptional or unusual that referral for extraschedular consideration was required.

The Board found that the appellant did not have a wound of the lower back or arthritis of the spine incurred in service and denied both claims.

The Board denied the veteran's request to reopen his claim for service connection for a back disorder due to lack of new and material evidence.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision being made.