Back / lumbar spine decisions — 2005

The veteran's initial ratings for cervical spine arthrosis, lumbar spine arthrosis, and right knee disability were granted. The right knee disability received a compensable rating of 10 percent.

The Board denied service connection for neck and back disorders, as well as a disability of the legs. The veteran's claims were not reopened due to lack of new and material evidence.

The Board determined that the veteran's lumbar spine disability was not incurred during military service and denied his claim.

The veteran's service-connected low back disability, which includes degenerative disc disease of L4-5 and residuals of an L1 compression fracture, is currently rated at 30 percent. The evaluation reflects the veteran's demonstrable deformity at L1 with moderate limitation of motion in the lumbar spine.

The Board has determined that the veteran's current eczema is at least as likely as not caused by or a result of his exposure to Agent Orange in Vietnam, granting service connection for this skin condition.

The Board found that the veteran's low back and left shoulder disabilities were not incurred in or aggravated by active service, as clear and unmistakable evidence showed they pre-existed service.

The Board has determined that the veteran's claims for service connection were denied, and no effective date prior to June 4, 1993 is warranted.

The Board found that the veteran's degenerative joint disease and degenerative disc disease of the lumbar spine, as well as his lumbar muscle spasm, were not incurred or aggravated in active military service. The Board also determined that these conditions are not causally related to any service-connected disability.

The veteran's claim for a total rating for compensation purposes based on individual unemployability (TDIU) was granted with an effective date of April 24, 2000.

The Board has reopened the claim for service connection for coronary artery disease, status post myocardial infarction and granted service connection for hypertension. The claims for chest pain disability, back disability, glaucoma, and rheumatoid arthritis are denied.

The Board has determined that the veteran's degenerative disc disease, L4-L5 and L5-S1, was not incurred in or aggravated by active service.

The Board denied the veteran's claims for service connection for a back disorder and special monthly compensation based on loss of use of a creative organ, finding no relationship between his claimed conditions and his service-connected disabilities. The rating for his status post bilateral inguinal hernia repair was increased to 40 percent.

The Board has determined that the veteran's service-connected fibromyositis of the lumbar muscle does not warrant a disability rating greater than 10 percent.

The VA has denied increased ratings for the veteran's service-connected degenerative disc disease of the lumbosacral spine and cervical spine, currently evaluated at 20 percent and 10 percent respectively.

The Board has remanded the case for additional development due to incomplete responses from the VA examiner regarding the etiology of the veteran's pes planus, bilateral knee and back disorders.

The Board denied an effective date earlier than July 21, 1994 for the assignment of a 40 percent evaluation for service-connected degenerative disc disease L4-5 with conversion reaction. The RO established July 21, 1994 as the effective date.

The Board has remanded the case for additional development and consideration due to non-compliance with VCAA requirements and incomplete VA examination report.

The veteran's appeal is being remanded due to the need for additional development, including obtaining medical records and conducting examinations. The case involves a claim for an increased rating of lumbosacral strain and a new service connection claim for degenerative disc disease.

The Board has granted the veteran's application to reopen his previously denied claim of entitlement to service connection for a back disability. The reopened claim will require additional development and is the subject of a remand.

The Board found that there was no factual basis to grant an earlier effective date for the veteran's compensable rating of 10% for his service-connected low back disability, as the evidence did not show a clear increase in disability during the one-year period prior to June 2, 2003.