Back / lumbar spine decisions — 2005

The Board found that the current diagnoses of osteoarthritis and degenerative disc disease of the cervical spine were not incurred in or aggravated by service, as there was no evidence showing an injury during service and a lack of nexus between the current disabilities and service.

The Board denied the veteran's claim for an increased rating for lumbosacral strain with degenerative changes, finding that disability due to the service-connected back disability did not include pronounced intervertebral disc syndrome or incapacitating episodes of intervertebral disc syndrome requiring bed rest as prescribed by a physician.

The Board has determined that the veteran's current thoracic spine disorder at T-12 is reasonably associated with his period of active duty, and therefore grants service connection for residuals of a thoracic spine injury.

The Board has remanded the case for further development due to new evidence submitted by the appellant.

The VA determined that the veteran's degenerative disc disease, lumbar spine does not warrant a higher disability rating than the current 20 percent.

The Board has remanded the case for additional development, including a VA examination to determine the relationship between the veteran's service-connected left knee disorder and other claimed conditions. The issues of entitlement to service connection remain in dispute.

The Board has denied the veteran's claims of service connection for right and left ankle disabilities due to a lack of competent medical evidence linking these conditions to her military service.

The veteran's claim for an initial evaluation in excess of 10 percent for lumbosacral strain is being remanded due to the development of quadriplegia, which makes a normal spine examination impracticable. The case will be readjudicated after obtaining a neurosurgical opinion.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for a lung disorder. The Board also found in favor of the appellant's claim of service connection for a back disorder, attributing it to difficulties experienced during active military service.

The Board has determined that the veteran's service-connected degenerative disc disease at L4-5 and L5-S1 warrants a 40 percent evaluation, reflecting severe disability with recurring attacks and intermittent relief.

The Board has determined that the veteran's low back disorder is service connected, as it was incurred during active duty. However, there is no evidence to support a finding of service connection for his left shoulder disability.

The Board has granted a rating of 10 percent for the veteran's service-connected residuals of a right ankle injury, effective from February 1961. The claims for service connection for a right knee disability and low back disability are denied as secondary to the service-connected right ankle injury.

The Board has reopened the veteran's claims of service connection for a low back disorder and the residuals of rheumatic fever due to new and material evidence. The Board finds that these conditions are related to his military service.

The Board has remanded the case for a Travel Board hearing due to the veteran's cancellation of his scheduled video conference hearing.

The Board finds that the veteran did not submit a claim for service connection for a low back disorder prior to January 29, 1987. Therefore, the effective date for the grant of service connection is determined by the date of the claim, which is January 29, 1987.

The Board denied service connection for diabetes mellitus, peripheral neuropathy of the upper and lower extremities, and a psychiatric disability. The low back disability was also denied as not incurred in service.

The Board denied reopening of the previously denied claim for service connection due to lack of new and material evidence.

The Board denied service connection for PTSD, depression, back disability, left wrist disability, and right ankle disability. The claims of service connection for chronic headaches under the provisions of 38 U.S.C.A. § 1151 were also denied.

The Board has determined that there is no evidence of a current disability for any of the claimed conditions and thus, service connection cannot be established. The veteran's claims are denied.