Back / lumbar spine decisions — 2005

The Board has determined that the veteran's back disorder is not related to his military service, and thus denied his claim for service connection.

The Board found that the veteran's current back and knee disorders were not present until many years after service, and are not etiologically or causally related to active duty service or any incident therein. The claims for service connection were denied.

The Board has ordered a remand to obtain additional medical records and conduct further examinations to determine if the veteran's current right knee and low back disorders are related to his service-connected left knee disorder.

The Board found that the veteran's low back disability was not incurred in or aggravated by service and denied his claim. The tongue cancer issue is remanded for further action.

The Board has determined that the veteran's current low back disorder, diagnosed as degenerative joint disease of the lumbar spine, degenerative spondylosis of the lumbar spine, and lumbar paravertebral myositis, was incurred in service. Service connection is granted.

The Board has denied the veteran's application to reopen his claim for service connection for a low back disorder, finding that no new and material evidence has been submitted.

The Board has remanded the case due to incomplete medical records and the need for further examinations. The claims of service connection for a low back disability and increased rating for skin disability are pending.

The veteran's claims for higher ratings for his left knee and low back disabilities were denied. The right knee disability was granted a 20 percent rating, but the claim remains pending.

The veteran's appeal is being remanded for further development, including a VA examination and consideration of the claims on an extraschedular basis.

The VA determined that the veteran does not have left ear hearing loss, and denied his claim for service connection.,Regarding the cervical spine/upper back condition, the VA found insufficient evidence to grant service connection on a direct basis or as secondary to service-connected shoulder disability.

The RO granted service connection for the veteran's spinal disorders but did not assign a rating. The case is being remanded to obtain additional medical evidence and determine appropriate ratings.

The Board has denied the veteran's claims for service connection for right knee and low back disabilities, finding that there is no evidence of a direct relationship to service or service-connected conditions.

The VA denied the veteran's claim of service connection for her back disability, concluding that there was no evidence linking her current condition to her military service.

The Board found that the veteran's service-connected low back disability, which is rated under Diagnostic Code 5295 (lumbosacral strain), may be considered productive of functional loss including flare-ups. The most recent VA examination demonstrated no muscle spasm on extreme forward bending or unilateral loss of lateral spine motion in a standing position. However, the veteran's range of motion was noted to be within normal limits with some pain during flexion and extension. Considering all factors, the Board granted a 20 percent rating for lumbosacral strain.

The Board finds that the veteran's service connection claim for degenerative joint disease with degenerative disc disease of the cervical and thoracolumbar spine is denied as there is no competent evidence linking any current disability to his military service.

The Board denied service connection for lumbar strain and degenerative disc disease of the lumbar spine, finding no current diagnosis linking these conditions to service.

The VA denied an evaluation in excess of 40 percent for the veteran's low back disorder, which currently stands at a maximum 40 percent rating.

The Board has determined that new and material evidence has been presented to reopen the claim of service connection for residuals of a low back injury. The Board finds that the veteran's degenerative disc disease of the lumbosacral spine is causally related to an in-service injury, and thus grants service connection.

The Board has determined that a VA medical examination is necessary to determine if the veteran's current back disability is related to his service. The case will be returned for further action.

The Board found that the veteran's left lower extremity disability was not caused by carelessness, negligence, or lack of proper skill on the part of VA during his July 1990 surgery. The evidence did not demonstrate additional disability due to the surgery.