Back / lumbar spine decisions — 2005

The veteran's appeal is being remanded to the RO for further review by a Veterans Service Center Manager or Decision Review Officer, and for scheduling of a hearing at the Roanoke, Virginia, RO.

The veteran's arthritis of the right and left ankles, as well as his degenerative joint disease of the lumbar spine are all found to be related to service.

The Board has determined that the veteran's claims for service connection for a back disorder, right knee disorder, and anxiety disorder were denied in June 1983 and August 1998 respectively. The RO did not receive substantive appeals within one year of these decisions.

The Board found that the veteran's back disability was not present in service, was not manifested within one year of service separation and is not shown to be otherwise related to such service. Therefore, service connection for rupture L4-L5, otherwise claimed as low back condition, was denied.

The Board denied all claims, including the veteran's requests for service connection for residuals of a head injury and PTSD, as well as his request to reopen his claim for back disability. The effective dates for the grants of service connection for bilateral hearing loss and tinnitus were also denied.

The veteran's spinal stenosis due to degenerative disc disease at L4-L5 is currently rated as 40 percent disabling, but the evidence does not support a higher rating based on current functional impairment.

The veteran's right femur disability was aggravated during service, and he is granted service connection for this condition. His degenerative joint disease of the lumbosacral spine and osteoarthritis of the knees were also incurred in active service.

The veteran's low back disorder is currently rated at 40 percent, and the Board finds that a rating in excess of this is not warranted based on the evidence provided.

The Board found that the veteran's service-connected bilateral chondromalacia of the knees did not cause or aggravate his claimed disorders of the low back and right hip, and thus denied his claim for service connection.

The veteran's claims for an increased rating of his back condition, service connection for a sleep disorder, and TDIU are being remanded due to the need for further development of medical records.

The Board has denied service connection for degenerative disc disease at L3-L4, L4-L5 and L5-S1 as secondary to the service-connected lumbosacral strain with lumbar myositis and spondylosis, and major depression as secondary to the service-connected lumbosacral strain with lumbar myositis and spondylosis, residuals of right wrist injury, and acne vulgaris.

The Board found that the veteran does not currently have a back disability related to his active service, and arthritis may not be presumed due to military service. The evidence did not support a finding of service connection for the veteran's current back condition.

The Board found that the VA medical care did not cause or aggravate a low back disability, and thus denied benefits under 38 U.S.C.A. § 1151.

The Board found no evidence to support the veteran's claims for service connection of low back disorder, left knee disorder, and right knee arthritis. The RO had previously denied these claims in May 2001 and December 2002.

The veteran's service-connected degenerative changes of the lumbar spine are productive of intermittent pain and numbness radiating primarily to the left lower extremity, with limitation of motion on forward flexion to 90 degrees. The disability is rated at 20 percent under Diagnostic Code 5292.

The RO has granted increased ratings for degenerative arthritis of the right and left knees, each rated at 10 percent.,However, no increase was granted for arthritis of the wrists or lumbosacral spine.

The veteran's appeal is being remanded due to the need for additional consideration of his claim by the RO, including review of new evidence submitted after a November 2004 supplemental statement of the case (SSOC).

The veteran's claim for a higher rating for his lumbar spine disability was denied as the new criteria did not provide for a higher evaluation than the current 40 percent.

The veteran's service-connected low back condition, rated as 20 percent disabling since March 1, 2002, was increased to 40 percent effective December 1, 2004.

The Board denied the veteran's claims of service connection for residuals of a left cheek bone fracture, including sinus and stomach trouble, as well as low back disability. The evidence did not support a finding that these conditions were incurred in or aggravated by active service.