Back / lumbar spine decisions — 2005

The Board has determined that the veteran does not have cervical disc disease or residuals of a left leg and ankle fracture that are related to his service, and therefore, denied these claims.

The Board denied the veteran's claims for increased ratings for his right knee disability and herniated nucleus pulposus with spondylolysis of the lumbosacral spine, finding that the evidence did not meet the schedular criteria for higher ratings.

The Board granted a higher initial rating of 20 percent for the veteran's lumbar degenerative disc disease with back pain from January 11, 1994 to June 2, 1995. Since then, it has granted a 40 percent rating effective June 2, 1995.

The Board has denied the appellant's claims of service connection for an ankle disorder and an upper back disorder, finding no current disability attributable to military service or service-connected conditions.

The Board has granted a rating of 10 percent for the veteran's low back disorder, effective from April 18, 1983. The issue is remanded to determine if any period of aggravation by service-connected disabilities should be considered.

The Board is remanding the case to determine if a timely Substantive Appeal was filed with respect to the February 1995 rating decision denying service connection for various conditions, and to issue a Statement of the Case regarding reopening claims for back disorder and bilateral hearing loss.

The veteran's appeal is denied as the RO did not provide a decision on service connection for a back disability, to include as due to an undiagnosed illness.,Service connection was granted for headaches due to an undiagnosed illness.

The veteran's claims of service connection for back disorder, skin rash, heart disorder, and headaches have been reopened due to the submission of new evidence. However, this evidence does not establish a link between these conditions and her military service.

The Board has decided to remand the case for additional development, including obtaining medical records and scheduling a VA examination.

The veteran's claims for higher initial ratings for right shoulder impingement syndrome, left knee ligament laxity, and arthritis of the left knee with chondromalacia were denied. The claim for service connection for bilateral tinnitus was also denied.

The veteran's claims for increased ratings for low back strain and dermatitis are being remanded to the RO for additional development, including obtaining medical records and conducting examinations.

The Board has granted the veteran's claims for an effective date prior to April 12, 1993, for both the award of TDIU and the assignment of a 60 percent rating for degenerative disc disease, including herniated disc. The service connection is determined on the merits.

The Board found that the veteran's claims for service connection for hepatitis C, residuals of a head injury with headaches, and bipolar disorder were not supported by evidence linking these conditions to his military service. The claim for back disorder was reopened but denied on the merits.

The veteran's lumbar disability, which is rated at 20 percent disabling, does not meet the criteria for a higher rating based on its current symptoms and findings.

The veteran's case is being remanded for a Travel Board hearing at the M&ROC. The issues of service connection for synovitis of both knees, hands, left hip, and low back are pending.

The Board granted a 40 percent rating for the veteran's service-connected thoracolumbar spine disability, effective September 26, 2003.

The Board has determined that the veteran's lumbosacral strain, with osteoarthritic changes and limitation of motion, warrants a rating of 40 percent from June 1, 1990 to September 12, 2001.

The Board found that the veteran's low back disability did not begin during service and was not caused or aggravated by any incident of service. As a result, the claim for service connection was denied.

The Board found that the veteran's current back disability is not related to his service, particularly the September 1951 injury in Germany. The claim was denied.

The VA determined that the appellant's low back disability, currently rated at 40 percent, does not warrant an evaluation in excess of this rating.