Back / lumbar spine decisions — 2005

The Board denied an increased rating for bilateral hearing loss and service connection for a low back disability. The veteran's bilateral hearing loss is currently rated at 30 percent, but the claim for higher ratings was denied. For his low back disability, the Board found no evidence to support its occurrence during military service.

The veteran's lumbosacral strain is currently rated at 40 percent, and his left knee arthritis has been granted service connection. The RO found that the veteran's current disability was not related to active service.

The veteran's claim for service connection for a low back disability is being remanded due to the need for additional development of evidence, including obtaining medical records from his recent active military service.

The veteran's service-connected lumbosacral strain with degenerative joint disease and degenerative disc disease is productive of persistent symptoms, including neuropathy, pain, muscle spasms, and little intermittent relief. The Board finds that a single 60 percent rating for the service-connected low back disability is warranted during the entire period covered by the appeal.

The Board denied the veteran's claim for an initial evaluation in excess of 20 percent for low back disability, finding that for the period January 19, 1999 to September 25, 2003, the disability manifested with pain resulting in moderate limitation of motion and muscle spasm. For the period beginning September 26, 2003, the criteria for an initial evaluation in excess of 20 percent were not met.

The Board found that the veteran's back condition was not incurred in or aggravated during service and denied his claim for service connection.

The Board has remanded the case for additional development, including obtaining VA outpatient treatment records and a VA medical opinion to determine if the veteran's low back disorder is service-connected.

The veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and conducting examinations to assess the severity of his low back disability, migraine headaches, and costochondritis.

The veteran's left knee disorder, GERD and gastric polyps, skin disorder, right leg tumor, back disorder, and peripheral neuropathy of the hands and shoulders were not incurred in or aggravated by active service.,There is no competent medical evidence linking any of these conditions to his military service.

The Board has remanded the case due to new evidence submitted by the veteran regarding his service-connected pilonidal cyst and its potential impact on his current back disorder. The issues of service connection for a low back disorder and psychiatric disorder remain under review.

The Board denied the veteran's claims for service connection for a lower back disorder and chronic sinusitis, finding that new and material evidence had not been received to reopen his previously denied claim for a lower back disorder. The decision also noted that there was no medical evidence of a lower back injury during service or of a link between current low back complaints/pathology and the veteran's period of service.

The Board has remanded the case for further development, including a VA examination and proper VCAA notice.

The Board denied the veteran's claims for service connection for a back disability and hematuria, finding no new and material evidence to reopen the claim for a back disability and concluding that there is no current disability of hematuria.

The Board denied the veteran's claims for service connection for hypertension and an increased evaluation for lumbosacral strain, finding no new and material evidence to reopen the hypertension claim. The lumbosacral strain claim was not addressed as it is a final decision.

The veteran's claims for compensation under 38 U.S.C.A. § 1151 for amputation of the right foot and additional lower back disabilities have been denied.,Compensation for a left foot disability is also denied.

The VA granted service connection for chronic lumbosacral strain and assigned a 20 percent rating, effective June 1999. The veteran's condition is currently rated as 20 percent disabling.

The veteran's lumbosacral spine disability has been primarily manifested by pain on use, slight limitation of motion, and decreased sensation to the left lower extremity; without electrodiagnostic evidence of neurologic manifestations or evidence of incapacitating episodes of intervertebral disc syndrome requiring bed rest. Therefore, an evaluation in excess of 20 percent for a low back disability is not warranted.

The Board found that the veteran's low back disorder did not result in incapacitating episodes requiring bed rest prescribed by a physician, and denied an evaluation in excess of 20 percent.

The Board finds that the veteran's residuals of a right ankle fracture had their origins during service and grants service connection for this condition. The other issues on appeal are denied as they do not meet the criteria for direct service connection.

The Board has granted a 40 percent evaluation for the veteran's degenerative disc disease and osteoarthritis of the lumbosacral spine, which is the maximum rating available under the old regulations. The new regulations do not change this determination.