Back / lumbar spine decisions — 2005

The Board has denied service connection for degenerative joint disease of the lumbosacral spine, eye condition including refractive error and allergic conjunctivitis, and nicotine dependence. The evidence does not support a finding that these conditions are related to service.

The veteran's claims for service connection and increased evaluations were denied. The Board found that the evidence did not meet the criteria for service connection or increased ratings.

The Board has determined that the veteran's back disorder, bilateral ankle disability, and bilateral knee disability are not service-connected.

The Board has determined that the veteran's claims for service connection for PTSD, degenerative disc disease of the lumbar spine, and a leg disorder are granted. The evidence is in equipoise as to whether there is a link between the current lumbar spine disorders and service, but not enough to establish service connection based on direct service connection.

The Board has determined that the appellant's degenerative arthritis of the cervical spine and lumbar spine are at least as likely as not related to his active service, granting service connection for both conditions.

The veteran's claim for service connection of a low back disorder secondary to his already service-connected left great toe fracture was denied. His claim for an increased rating for the postoperative residuals of the fractured left great toe was granted with a 20 percent rating.

The veteran was found to be unemployable due to service-connected disabilities since the day after discharge from active duty on March 15, 1994. The Board granted an effective date of March 16, 1994 for a total disability rating based on individual unemployability.

The VA determined that the veteran's service-connected dorsal spine disability did not warrant a rating higher than 20 percent, as it does not meet the criteria for an evaluation in excess of this level.

The Board found that the veteran's current low back disability was not incurred in or aggravated by military service, nor may incurrence be presumed. The evidence did not support a finding of direct service connection.

The veteran is seeking service connection for a low back disorder that he claims is secondary to his service-connected bilateral patella chondromalacia. The VA has ordered an examination and requested additional medical opinions on the issue.

The Board denied the veteran's claims for increased ratings and service connection, finding no evidence of a current disability or sufficient medical support to grant any of the requested benefits.

The Board has determined that the veteran's low back disorder, left knee disorder, and asthma are related to service and have granted service connection for these conditions.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claim for service connection for degenerative disc disease of the lumbosacral spine.

The veteran's appeal is being remanded due to his incarceration, and a videoconference hearing before the Board of Veterans' Appeals will be scheduled.

The veteran's claim for an increased rating for his thoracolumbar strain is being remanded due to the need for additional development, including providing proper VCAA notice and scheduling a VA examination.

The VA denied an initial rating in excess of 20 percent for the veteran's degenerative changes of the lumbar spine, as her disability does not meet or approximate the criteria for a higher evaluation.

The Board has remanded the veteran's claims for service connection due to a lack of appellate review prior to VA examination and because additional evidence is needed. The claims will be adjudicated after further development.

The Board has determined that the veteran does not have a current disability manifested by hyperventilation/heat exhaustion, allergic rhinitis, nephrolithiasis, or lumbar strain. The preexisting conditions were noted prior to service and did not result in chronic disabilities during service.

The Board found that the veteran's low back disability is manifested by limitation of motion and pain, but no clinical evidence of incapacitating episodes. The rating assigned for lumbosacral strain with degenerative disc disease and arthritis was determined to be appropriate at 30 percent.

The veteran's claim for increased ratings for his lumbar spine disability was denied. The RO found that the disability did not meet criteria for a rating in excess of 40 percent prior to August 24, 2000 and did not meet criteria for a rating in excess of 60 percent since that date.