Back / lumbar spine decisions — 2005

The Board denied the veteran's claims for service connection for osteoporosis, PTSD, and an increased evaluation for lumbar myositis. The decision found that there was no evidence linking these conditions to his active service.

The Board found that the veteran was not entitled to a program of education under Chapter 31, Title 38, United States Code because he declined employment assistance offered by VA and remained employed full-time in a suitable position.

The Board has determined that the veteran timely filed a notice of disagreement to the April 2000 rating decision, and thus grants this issue. The effective date for the increased ratings is set at November 14, 2001.

The Board has granted a 40 percent evaluation for the veteran's lumbar spine degenerative disc disease for the period prior to March 22, 2005.

The Board has determined that the veteran's claimed back and right leg disorders are not service-connected, as there is no competent evidence linking these conditions to his military service.

The Board has ordered additional development due to incomplete examination reports and the need for proper VCAA notification.

The Board granted an initial 10 percent evaluation for lumbosacral strain with spondylosis effective from July 1, 2001 to June 12, 2005. As of June 13, 2005, the veteran's condition warranted a 20 percent rating.

The veteran's low back disability is rated at 40 percent effective from February 4, 2003.

The Board has determined that the veteran's lumbar strain, degenerative disc disease of the lumbar spine, and cervical spine disorders are not due to or aggravated by active service. The veteran's fibromyalgia is also not related to her active service.

The Board has determined that the veteran's left shoulder, left knee, left wrist, and lumbar spine disabilities are related to her military service.

The Board has reopened the veteran's claim of entitlement to service connection for a left knee disorder and granted a 10 percent evaluation for bilateral hearing loss with perforated right ear drum.

The veteran's claims for increased ratings for PTSD and degenerative disc disease with spondylosis and chronic low back strain, as well as his claim for a total disability rating based on individual unemployability, were denied due to failure to attend scheduled VA examinations.

The Board found no link between the veteran's current back condition and service, thus denying his claim for service connection.

The veteran's claim for service connection for bilateral hearing loss was previously denied and not reopened. The Board found that his current back condition did not manifest during or within one year after service, and is not related to his service. His skin disorder claim remains pending as VA records are still being sought.

The veteran's appeal is being remanded for additional development, including obtaining medical records and Social Security Administration records. A VA examination will also be scheduled to assess the nature of any residual scars from a cyst removal.

The Board has reopened the claim for service connection of a low back disability and remanded it for further development.

The Board found that the veteran's low back disability, including degenerative disc disease, was not incurred in or aggravated by his active duty service.

The Board has granted service connection for left knee total arthroplasty as secondary to the service connected right knee disorder, but denied service connection for a low back condition on the basis that it is not related to service.

The Board has determined that new and material evidence was submitted to reopen the veteran's claim for service connection for residuals of a low back injury. However, the Board found no medical nexus between the veteran's current low back condition and his in-service injury, thus denying service connection.

The Board denied the appellant's claim for an earlier effective date for a TDIU, finding that there was no evidence showing that his service-connected disabilities prevented him from securing or following substantially gainful employment prior to May 19, 2004.