Back / lumbar spine decisions — 2005

The Board denied the veteran's claims for service connection for a back disability, bilateral knee disability, and respiratory condition. The RO found that there was no evidence of a hernia in service or post-service.

The veteran's appeal is being remanded to the RO for scheduling a videoconference hearing at the RO. The case will then be returned to the Board.

The Board has determined that the veteran's latent porphyria existed prior to service and was not aggravated by active service.,Regarding the lumbosacral spine disorder, the evidence does not show it was incurred or aggravated in service.

The Board has reopened the veteran's claim for service connection for a back disorder, diagnosed as advanced degenerative arthritis of the lumbar spine. The evidence now shows that his current condition is likely related to his inservice injuries.

The Board has determined that the veteran does not have a chronic back disorder that was incurred in or aggravated by active service.

The veteran's claim for increased ratings for his service-connected lumbosacral spine disability was granted, with separate evaluations of 40 percent and 20 percent assigned for orthopedic and neurologic manifestations respectively from September 23, 2002.

The veteran's claims for reopening service connection are pending, and the appeals for tinnitus, pseudofolliculitis barbae, and laceration scar of the upper lip have been granted. The remaining issues remain in a reopened status.

The Board denied the veteran's claims for service connection for left and right knee disabilities, as well as his back disability. The decision also addressed whether new and material evidence had been submitted to reopen previously denied claims for left and right shoulder dislocations.

The Board has determined that the veteran's claimed conditions, including a chronic upper back disorder and right shoulder disability, were not incurred or aggravated by active military service.

The veteran's claim for an increased rating for his service-connected low back disability was denied, as the current evaluation of 40% is considered appropriate under the applicable criteria. His claim for a total disability rating based on individual unemployability due to service-connected disability was also denied.

The Board denied increased ratings for the veteran's service-connected low back strain, iron deficiency anemia, and nodular duodenitis.,There is no indication of any new evidence or changes in the veteran's conditions that would warrant a different rating.

The Board found that the veteran's pre-existing back injury was not permanently aggravated by service, and thus denied his claim for service connection.

The veteran's lumbosacral strain is currently rated at 40 percent, the maximum schedular rating available under Diagnostic Code 5292. The Board finds that this rating adequately reflects his symptoms and disability picture.

The Board has determined that there is no evidence linking the veteran's current lumbar spine disabilities to his military service, and thus denied the claim for service connection.

The Board denied the veteran's claims for service connection for a shoulder injury and back disability, finding that no new and material evidence had been submitted to reopen the claim for shoulder injury. The back disability was not found to be related to active duty service.

The Board is remanding the case for further development and readjudication, including scheduling a hearing for the veteran and ensuring compliance with VCAA notification requirements.

The veteran's appeal is denied as his claim for an increased evaluation of his low back strain and radiculopathy to the left lower extremity from September 26, 2003 was not granted. The current rating of 20% remains unchanged.

The Board has determined that additional development is needed to fully evaluate the veteran's claims, including obtaining medical records and conducting further examinations.

The Board has determined that the veteran's degenerative joint disease and degenerative disc disease of the lumbar spine, with spinal stenosis, disc bulging, and right leg pain were not incurred in or aggravated by active service. The residuals of a gunshot wound to the midline lumbar region are currently manifested by a well-healed scar without evidence of any limitation of function due to scarring.

The Board denied service connection for osteoarthritis of the knees and a lumbar condition, finding that there was no evidence to support these claims.