Back / lumbar spine decisions — 2005

The Board denied the veteran's claim for service connection for low back condition as secondary to his service-connected right knee ligament strain, finding no new and material evidence had been submitted.

The Board has reopened the veteran's claim for service connection for residuals of a low back injury due to new and material evidence submitted since the last final denial. The Board finds that the veteran's current low back disorder is not related to his military service.

The Board denied the appellant's claims for service connection for left knee, lumbar spine, cervical spine and left ankle disorders due to lack of evidence showing these conditions were incurred or aggravated during periods of active duty training.

The Board has determined that the reductions in evaluations for bowel and bladder incontinence, as well as the reduction in evaluation for residuals of lumbar spine injury, were not proper. The prior ratings are restored.

The Board denied service connection for health care under Chapter 17 for a right wrist injury, foot disorder, hypertension, and low back injury due to the appellant's discharge from service being a result of willful and persistent misconduct.

The Board has restored a 20 percent evaluation for the veteran's service-connected mechanical low back pain, finding that there was sustained material improvement in his condition. The issue of increased ratings for cysts and folliculitis remains pending.

The veteran's claims for service connection for left ear hearing loss and a rating in excess of 40 percent for his low back disability were denied. The Board found that the evidence did not support service connection due to lack of manifestation of hearing loss or low back disability during service, and no new evidence was presented to reopen the claim. The veteran's low back disability is currently rated at 40 percent under the General Rating Formula for Diseases and Injuries of the Spine.

The Board found that the veteran's death was not caused by a disability incurred in or aggravated by service, nor did a service-connected disability cause or contribute substantially to his death. The appellant's claim for dependency and indemnity compensation under Section 1151 is also denied.

The Board has determined that the veteran's low back disability is related to his service-connected knee disabilities and grants service connection for this condition.

The veteran's appeal is being remanded to the RO for scheduling a Travel Board hearing. The issues on appeal are related to reopening claims of service connection for low back disorder, bilateral flatfoot, and right knee disorder.

The veteran seeks an earlier effective date for service connection of degenerative disc disease of the lumbar spine. The case is being remanded to consider all bases for this claim, including CUE in prior decisions.

The veteran's claim for an increased rating for his service-connected low back strain is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The veteran's current chronic low back disability was manifested by a back injury while serving on active duty for training in August 1982. The Board found that the veteran's degenerative disc disease of the lumbar spine was incurred during his active duty service.

The VA determined that the veteran's degenerative changes of the lumbar spine were not incurred in or aggravated by service and may not be presumed due to military service.

The veteran's claims for higher disability ratings were denied. The RO increased the rating for his service-connected low back disability to 40 percent effective from August 1, 1998.

The Board has remanded the case for additional development, including obtaining medical records and readjudicating the service connection claim.

The Board granted service connection for the veteran's right sacroiliac joint disability and assigned a 20 percent rating effective from February 18, 2001. The RO subsequently awarded a 40 percent rating for the same condition with degenerative disc disease of the lumbar spine effective from May 13, 2004, and also awarded a 20 percent rating for right lower extremity radiculopathy associated with the sacroiliac joint disability and DDD of the lumbar spine effective from May 13, 2004.

The Board has determined that the veteran's service-connected low back disability alone is not of sufficient severity to produce unemployability, and thus denied his claim for a total disability rating based on individual unemployability.

The veteran's claims are being remanded due to the need for additional VA and private medical records, as well as a VA examination. The appeal will be reconsidered after these actions.

The Board has granted a 40% disability rating for the veteran's service-connected lumbar spine strain, effective from an unspecified date. The claim of entitlement to increased ratings for dermatitis and anxiety disorder remains pending.