Back / lumbar spine decisions — 2005

The Board denied the veteran's claim for service connection for cause of death and his spouse's DIC benefits under 38 U.S.C.A. § 1318 due to a lack of evidence showing that his service-connected disabilities were continuously rated as totally disabling for at least ten years prior to his death.

The Board found that the evidence does not establish a medical relationship between any current low back disability and service, including an in-service fall from a ladder. As such, the claim for service connection was denied.

The Board has determined that the veteran's current low back disability, including arthritis of the lumbosacral spine, is not related to service and cannot be presumed as a chronic disease within one year after separation from service.

The Board denied the veteran's claim for service connection for arthritis of the lumbar spine, finding no evidence linking his current condition to his military service.

The veteran withdrew his appeal for the issue of entitlement to service connection for peptic ulcer disease at a hearing before the Board.

The Board found that the veteran's chronic back disorder existed prior to service and was not permanently aggravated by service, thus denying his claim for service connection.

The Board denied the veteran's claims for increased ratings and service connection, finding that the evidence did not support a higher rating or service connection based on the current criteria.

The Board found that the veteran's service connection claim for residuals of a 1983 lumbar spine injury was granted, but denied his claims for separate ratings for tinnitus in each ear and for chronic groin rash. The rating decision of September 19, 2001 is not considered clearly erroneous.

The veteran's claim for service connection for a lower back disorder is being remanded due to the need to obtain additional medical records and conduct further examination. The examiner will determine if any current low back disorder is related to military service, including whether his congenital back disorder that pre-existed service incurred a superimposed injury resulting in a current condition.

The Board denied the veteran's claims of service connection for a back disability and PTSD, finding that new and material evidence had not been received to reopen these claims.

The veteran's low back disorder is rated at 40 percent, the maximum rating available under current VA regulations.

The veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his low back disability and right leg gunshot wound residuals. The RO will determine if separate ratings should be assigned for these conditions.

The veteran's claims for increased evaluations for his low back strain, left and right knee disabilities, and elbow bone spurs were denied as the evidence did not meet the criteria for higher ratings under either the old or new rating criteria.

The veteran's appeal is being remanded for additional development, including obtaining updated medical records and arranging for VA examinations to assess the severity of his service-connected DDD of the lumbar spine.

The Board denied the veteran's claims for service connection for a back disorder and for a total disability rating based on individual unemployability due to service-connected disability.

The Board found that the veteran's current low back disability is not related to the spinal taps performed in 1989 and 1990, and thus denied compensation under 38 U.S.C.A. § 1151.

The Board found no evidence to support the veteran's claims for service connection for a low back disorder and residuals of recurrent right ovarian cysts, status post right salpingo-oophorectomy. The preponderance of the evidence did not show these conditions were related to her military service.

The veteran's service-connected lumbar myalgia was increased to a 20 percent rating effective March 8, 2001. His initial compensable evaluation for pseudofolliculitis barbae and his claim for service connection for tinea versicolor were all granted.

The Board has decided that the veteran's service connection claim for a low back disability is granted, with no specific rating assigned and no effective date provided.

The veteran's degenerative joint disease of the lumbar spine, with thoracic spine involvement and history of lower back injury, results in significant back pain and limitation of motion. The Board has determined that a rating of 60 percent is warranted for this condition.