Back / lumbar spine decisions — 2005

The veteran's left knee disability is rated at 10 percent, and his low back condition was denied service connection.

The Board denied the veteran's claims for service connection for cancer and a back disorder, finding that there was no credible evidence of exposure to ionizing radiation during service and insufficient medical evidence linking these conditions to service.

The Board found that the veteran does not currently suffer from bilateral leg disability and denied his claim for service connection.

The veteran's lumbosacral strain with degenerative joint disease and degenerative disc disease is currently evaluated as 20 percent disabling, but the claim for a higher rating remains denied. The radiculopathy of the left leg associated with this condition is also rated at 10 percent.

The Board has determined that the veteran's low back disability was not incurred in or aggravated during service and denied his claim for service connection.

The veteran's claims for an increased evaluation for lumbosacral strain and a total rating based on individual unemployability due to service-connected disability were denied. The Board found that the current evaluation of 40 percent is appropriate under the old criteria.

The veteran underwent surgery for his service-connected low back disability on March 15, 2004. The VA determined that he required six weeks of convalescence following the surgery and granted a temporary total rating based on this need.

The Board denied a rating in excess of 20 percent for lumbosacral strain with degenerative changes.

The veteran's diabetes mellitus and lumbar disc disease are currently rated at the lowest possible levels under VA rating criteria. The Board finds that neither condition warrants a higher rating based on current medical evidence.

The Board has determined that there is reasonable doubt in favor of the veteran, and therefore grants service connection for lumbar spondylosis.

The veteran's hypertension was incurred in service and is granted. Gout, back disorder, and right foot and ankle trauma are not related to service.

The Board has determined that the veteran does not have a current back or urinary disorder that is related to his military service.

The VA denied an increased evaluation for the veteran's service-connected lumbosacral strain, currently rated at 10 percent.

The veteran's appeal is being remanded to obtain additional medical records and to consider applicable rating criteria for his low back disorder. His claims for increased ratings for lumbosacral radiculopathy, bilateral hearing loss, and reopening of service connection claims are also being considered.

The Board denied the veteran's claims for service connection for PTSD, residuals of a closed head injury, and a back disorder. The decision also noted that new and material evidence had not been submitted to reopen the claim for a back disorder.

The VA determined that the veteran's degenerative disc/joint disease with lumbar spinal stenosis warranted a 20 percent initial rating, effective October 19, 2001.

The Board has determined that the veteran does not have a current lumbar spine disability or psychiatric disorder related to his active service. The claim for bilateral hearing loss is remanded.

The Board has remanded the case for further development, including a VA examination to determine the nature and etiology of the veteran's claimed disabilities, as well as whether new and material evidence has been submitted to reopen his claim of service connection for arthritis.

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

The Board has remanded the case due to changes in VA regulations, receipt of new evidence, and need for a new examination.