Back / lumbar spine decisions — 2005

The Board denied the veteran's request for an earlier effective date of August 3, 2000 for his TDIU rating due to lack of factual ascertainability prior to that date.

The Board found no evidence of a chronic low back disorder or hypertension during active service. The veteran's current conditions were not incurred in service and denied.

The Board has granted the veteran's application to reopen his previously denied claims for service connection for brain syndrome and respiratory disorder. The claims of service connection for hiatal hernia, lumbar discogenic syndrome, and duodenal ulcer remain unresolved.

The Board has determined that the veteran's claims for service connection for bilateral pes planus and back disability are denied due to lack of evidence showing a current disability or etiology related to military service.

The Board has determined that the veteran's low back disorder did not have its onset during active service or within one year of separation, and is not related to an in-service injury. Therefore, the claim for service connection for a low back disorder is denied.

The Board has determined that the veteran's low back and bilateral leg conditions are not related to service, and thus denied his claims for service connection.

The Board found that the veteran did not submit new and material evidence to reopen his claim for service connection for a low back disorder, as all submitted evidence was duplicative of previous records.

The Board has granted service connection for partial complex seizures, bilateral shoulder condition, and back disorder. The veteran's seizure disorder was incurred in service as it manifested during active duty. His bilateral shoulder condition and back disorder are presumed to have been incurred due to the nature of his military service.

The veteran's right knee and low back disabilities are currently rated at 20 percent each, but the appeals for higher ratings have been denied.

The Board has determined that the veteran does not have postoperative residuals of right eye esotropia and amblyopia or a low back disability that are service connected.

The Board found no evidence of a chronic condition during service or within the applicable presumptive period, and concluded that the veteran's lumbar spine disability is not related to an incident of service. The claim for service connection was denied.

The Board has determined that the veteran's right shoulder dislocation warrants a 30 percent evaluation, and his degenerative disc disease at L5-S1 warrants a 20 percent evaluation.

The veteran's claims for service connection are being remanded due to the need for additional medical examinations and consideration of his claims.

The Board denied the veteran's claims for service connection for a back condition and a heart condition, finding no new and material evidence presented to reopen the claim for a back condition. The heart condition was also not found to be related to active service.

The veteran's claim for a higher rating for her service-connected degenerative disc disease and lumbosacral strain is being remanded due to the need for additional medical examination to assess current disability level.

The Board has determined that the veteran does not have current disabilities of his ankles or a right inguinal hernia related to active service. The back disorder is currently being evaluated as direct service connection.

The Board denied service connection for low back strain due to the lack of new and material evidence, despite reopening the claim.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied because the placement of hardware and surgery were deemed necessary consequences of his December 1997 surgical procedure, and he did not experience additional disability as a result.

The Board has granted service connection for surgical scarring from the removal of a perirectal abscess and denied service connection for nerve damage of the low back, with radiating pain, as a post-operative residual for the removal of a perirectal abscess.

The veteran's service-connected degenerative disc disease and bilateral hearing loss are currently rated at 20 percent, but the Board finds that these ratings do not meet his claim for higher disability ratings.