Back / lumbar spine decisions — 2005

The Board denied the veteran's request to reopen his claim for service connection for status post lumbar laminectomy, finding that no new and material evidence had been submitted.

The Board found no current medical evidence of a heart disorder, headaches, dizziness with fainting, or back disorder. Therefore, the claim for service connection was denied.

The veteran's appeal is being remanded to obtain additional medical evidence and to arrange for a VA examination. The RO will then readjudicate the claims based on all available evidence.

The veteran's initial claim for an increased rating was denied, with the RO finding that his disability did not warrant a higher evaluation during the period from December 12, 1997 to April 30, 2003. For the period beginning May 1, 2003, he received a 20% rating.

The Board denied the veteran's claim for an increased evaluation of her service-connected DDD of the lumbosacral spine with status post fusion at L5-S1, finding that she was already granted a 40 percent rating effective June 20, 2004.

The Board denied the veteran's claim for an increased evaluation for PTSD and did not reopen his previously denied claim of service connection for a lumbar spine disability due to lack of new and material evidence.

The VA determined that the veteran's service-connected low back disorder, manifested by complaints of low back pain and no more than slightly restricted overall back motion, does not warrant an evaluation in excess of 10 percent.

The Board finds that the appellant's current lumbosacral spine, hip, and cervical spine disorders are related to his military service. The claim is granted.

The Board has determined that the veteran's current low back disorder is not related to service and therefore denied his claim for service connection.

The Board found that the veteran's current low back disability is not related to his in-service injury and denied service connection.

The Board has determined that the veteran's low back disability is related to his military service and has granted service connection for this condition.

The Board found that the veteran's back disorder was not incurred in or related to his military service and denied his claim for service connection.

The Board denied the veteran's claims for service connection for chronic right and left knee disabilities, as well as his claim for diabetes mellitus. The veteran's diabetes mellitus was granted based on a current diagnosis.

The veteran's low back strain with degenerative changes is characterized by symptomatic flare-up of moderate limitation of motion, muscle spasm, scoliosis, and minimal neurologic involvement. The RO granted an initial evaluation of 20 percent for this condition.

The Board has remanded the case for further development due to insufficient evidence regarding service connection for a skin disorder and a chronic lumbosacral spine disorder.

The Board finds that the veteran's currently demonstrated back disability, diagnosed as degenerative arthritis of the cervical and lumbar spine, is likely due to injury sustained during service. As a result, the claim for service connection is granted.

The Board has reopened the veteran's claim for service connection for tuberculosis and determined that new evidence supports this reopening. However, the claim remains denied as tuberculosis was not present in service or within one year of discharge, nor is it etiologically related to service.

The Board has determined that the veteran's claimed right hip disability/replacement and back disability are not service-connected.

The Board found that the veteran's death was due to sepsis, caused by biliary sclerosis, as a consequence of a liver transplant. The service-connected conditions did not cause or contribute substantially or materially to his death.

The veteran's claim for a higher rating for his lumbar spine disorder was granted, and he received an effective date of April 2, 1992.,Service connection for cervical spine disability was established from August 27, 1992. The veteran also received TDIU benefits starting May 27, 2004.