Back / lumbar spine decisions — 2005

The Board denied service connection for low back strain and gum disease with bone loss, but granted increased ratings for residuals of a fracture of the right calcaneus and hypertension. Service connection was not established for these conditions.

The Board denied the veteran's claims for service connection for fibromyalgia, synovitis of multiple joints (knees, hands, left hip, and low back), and degenerative and rheumatoid arthritis. The decision also addressed whether new and material evidence had been submitted to reopen previously denied claims.

The Board denied the veteran's claims for service connection for a low back condition, an increased rating for his right knee disability, and entitlement to TDIU. The evidence did not support a finding that any current low back condition was related to service or his service-connected right knee disability.

The Board has granted the requested increased ratings for the veteran's service-connected disabilities. The right tarsal navicular nonunion is rated at 20 percent, traumatic arthritis with history of stress fracture of the right tarsal navicular joint is rated at 10 percent, and both thoracic and lumbar degenerative joint disease are each rated at 10 percent prior to September 26, 2003. The Board has also granted a 20 percent rating for the veteran's service-connected degenerative joint disease and degenerative disc disease of the thoracolumbar spine beginning September 26, 2003.

The Board has determined that the veteran's neck disorder, back disorder, and right leg disorder are all service-connected. The VA examinations have provided diagnoses for these conditions, with some uncertainty regarding their exact etiology.

The Board found that the veteran's low back disorder was not incurred in service and denied his claim for service connection. His PTSD is currently rated at 50 percent.

The Board has determined that the veteran does not suffer from DJD or DDD of the spine related to his period of service, including an in-service episode of cerebrospinal meningitis.

The Board denied reopening the veteran's claim for service connection for bilateral ankle sprain in December 1992. New evidence submitted since then does not relate to an unestablished fact necessary to substantiate this claim.,The RO denied service connection for a low back disability and nasal deformity with deviated septum in November 1961, which is considered final. The veteran did not appeal these decisions. Subsequent evidence related to the ankle sprain does not relate to an unestablished fact necessary to substantiate this claim.

The Board found that the veteran's low back disability is not service-connected, as there was no medical evidence linking her current condition to incidents during service.

The veteran's service-connected lumbar spine disability is currently rated at 20 percent, but the Board finds that it does not meet the criteria for a higher rating.

The Board has determined that new and material evidence has been received to reopen the veteran's claim of entitlement to service connection for a back disorder, specifically spondylolysis with spondylolisthesis of the lumbar spine. The evidence now submitted relates to the question of whether this condition was aggravated by active service.

The Board denied a higher rating for the veteran's low back strain, currently rated at 20 percent.

The Board has determined that new and material evidence was received to reopen the claims for service connection for a low back disorder and hypertension. The veteran's chronic low back disorder, shown within one year of separation from service, likely had its inception during service. Similarly, his hypertension, also shown within a year after separation from service, likely had its inception during service.

The Board has determined that the veteran's back disorder warrants a 20 percent disability rating from March 1, 2002.

The Board has denied the veteran's claims for service connection for dizzy spells, left hip disorder, lumbar spine disorder, hypertension, and blackouts as there is no evidence of current disability or a relationship to active duty.

The veteran's service-connected lumbar disc disease with left leg sciatica and numbness is currently rated at 40 percent, but the Board finds that this rating does not meet the criteria for an evaluation in excess of 40 percent.

The Board has remanded the case due to incomplete medical records and failure to obtain Social Security Administration records. The veteran's claims for service connection are pending.

The veteran seeks service connection for a back disability. The Board has decided to remand the case for additional development, including obtaining medical records and arranging for a VA examination.

The Board has determined that the veteran's low back disability was not incurred or aggravated during service and is not related to any in-service injury. As a result, the claim for service connection for low back disability is denied.

The veteran was granted a total disability rating based on individual unemployability effective October 31, 1998 due to his service-connected disabilities.