Back / lumbar spine decisions — 2005

The Board found that the veteran did not incur a low back disorder due to any incident of active military service or any period of active duty or inactive duty for training, and thus denied his claim for service connection.

The Board denied the veteran's claims for service connection for a low back disorder and an increased rating for his right thigh shrapnel fragment wound residuals, finding that there was no evidence to support these claims.

The Board has determined that the veteran's low back disability, diagnosed as degenerative disc disease of the lumbosacral spine and osteoarthritis of the lumbosacral spine, is not related to active service.

The Board has granted the veteran's claim for service connection of a lumbar spine disability as secondary to his service-connected right knee disorder.

The Board has determined that the veteran's bilateral hearing loss and low back pain were not incurred in or aggravated by service. The evidence does not support a finding of service connection for these conditions.

The Board has determined that the veteran's lumbar spine disability warrants a rating of 50 percent, effective from the date of his claim. The decision also grants entitlement to individual unemployability based on service-connected disabilities.

The Board denied the veteran's claims for service connection for multiple myeloma, a back disability, and cataracts. The decision found that there was no credible evidence of herbicide exposure during service and that the veteran's conditions are not related to his military service.

The veteran's claims for service connection and increased evaluation were denied. The claim to reopen the cervical spine disorder was not supported by new and material evidence.

The Board has reopened the veteran's claim for service connection due to a low back disability, finding that new evidence supports his contention of pre-existing injury aggravated during active duty. The claim is granted as the veteran sustained an injury in service and was subsequently found unfit for duty.

The Board denied service connection for the residuals of a right leg/ankle fracture, claimed as a right leg disorder; the residuals of a splinter in the left hand; and a low back disorder. The veteran's pre-existing conditions were not shown to be aggravated by his Reserve duty.

The veteran's appeal is being remanded for additional development, including VA examinations to determine the nature and etiology of his hearing loss, tinnitus, cervical spine disorders, and mental health conditions.

The Board denied the veteran's claims for service connection for a back disability and residuals of burns of the body, finding no evidence linking these conditions to service.

The Board has remanded the case for further development and readjudication due to a finding that the Board had not applied the correct leg standard in determining whether a preexisting low back disorder was aggravated during service.

The Board has reopened the veteran's claims for service connection for a low back disorder, narcolepsy, and an acquired psychiatric disorder. However, it denied these claims on their merits.

The Board found that the veteran's low back disorder did not have its onset in service, was not due to his service-connected disabilities, and could not be aggravated by them. The evidence did not support a finding of an in-service injury or chronic condition.

The veteran's claim for an increased evaluation for his service-connected low back sprain with degenerative arthritis of the lumbar spine was denied by operation of law due to failure to report for VA medical examinations.

The veteran's service-connected hypertension and coronary artery disease are currently rated at 10 percent, while his disability of the lumbar spine is rated at 20 percent prior to September 26, 2003. The Board finds that these ratings adequately reflect the current level of disability.

The Board has granted a rating of 40 percent for the veteran's lumbar disc disease from September 23, 2002. Additionally, it has awarded a separate evaluation of 10 percent for mild incomplete paralysis of the sciatic nerve associated with the disability.

The Board has determined that the veteran does not have a separate, currently diagnosed left leg disability and therefore service connection for such is denied.

The Board denied the veteran's claims for service connection for injury to low back with degenerative joint disease, postoperative, and PTSD due to lack of evidence linking these conditions to his military service.