Back / lumbar spine decisions — 2005

The Board has determined that the veteran's back, psychiatric, and left shoulder disorders are not related to service. The claim for asthma was previously denied in September 1995.

The Board found no clear and unmistakable error in the December 1972 rating decision that denied service connection for a back disability. The evidence at that time did not support awarding service connection due to aggravation of a pre-existing condition.

The Board has remanded the case due to the need for a VA examination and opinion regarding whether the veteran's current low back disability is related to an injury during active service.

The Board found new and material evidence to reopen the claim for service connection, and determined that the veteran's lumbar spine disorder is related to his military service.

The Board has determined that the veteran's claimed disabilities, including bilateral hearing loss and tinnitus, are not related to his military service. The VA examinations found no direct link between these conditions and his time in active duty.

The veteran's schizophrenia is currently evaluated as 70 percent disabling, and he meets the schedular requirements for this rating. The veteran also has a service-connected back disability that raises a claim for a total rating based on individual unemployability due to his psychiatric disorder.

The Board has determined that the veteran's preexisting scoliosis was aggravated by his active service, and therefore grants service connection for a chronic acquired low back disorder.

The veteran's service-connected right ankle fracture with residual traumatic arthritis, lumbar spinal stenosis with disc bulges at L3-4, and medial meniscal tear of the right knee are all rated as they currently are. The veteran is not entitled to higher ratings for any of these conditions.

The Board denied the veteran's claims for service connection for lumbosacral spine disc disease, hepatitis C, and a left shoulder disorder. The claim for service connection for gastric ulcer was granted with an initial rating of 20 percent.

The Board found that a preexisting disorder of the thoracic and lumbar spine was aggravated by active service.

The Board has remanded the case for additional development, including obtaining service medical records and scheduling a VA examination to determine the likely etiology of any current low back pathology.

The Board has remanded the case for further development, including obtaining medical opinions and scheduling examinations to evaluate the veteran's service-connected low back disability. The issues of entitlement to increased evaluation and total disability rating based on unemployability due to service-connected disability are pending.

The Board has remanded the case due to issues related to service connection for various conditions, including a low back disorder and disabilities of the feet. The veteran is required to provide medical evidence or nexus statements regarding these claims.

The RO has granted increased ratings for the veteran's cervical and lumbar spine disabilities to 10 percent, effective from July 1, 1994. The left knee disability remains at a 20 percent rating.

The veteran's claim for an increased rating for his low back disability and a permanent and total disability rating for pension purposes prior to September 18, 1998 was denied. The RO found that the schedular criteria for a higher rating were not met.

The veteran's benign prostatic hypertrophy results in nocturnal voiding 3-4 times per night, a diminished stream, and no other symptomatology. His patellofemoral syndrome of the left knee is characterized by extension to at least 14 degrees and flexion to at least 126 degrees without instability or subluxation. The veteran's onychomycosis affects approximately 3cm squared of his feet with no exfoliation, exudation, or itching. His degenerative disc disease of the lumbosacral spine is characterized by an approximate loss of 10 percent of motion after prolonged use but without muscle spasm or abnormal spinal contour.

The Board has determined that the veteran's low back disabilities are not associated with his service-connected epilepsy, and thus denied his claim for secondary service connection.

The veteran's claims for service connection and increased evaluation are being remanded due to the need for additional development of his medical records.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection of a low back disorder, which is found to be secondary to the veteran's service-connected right knee disorder. The TDIU claim is also granted.

The veteran's appeal is currently in remand status due to the need for additional development and consideration of submitted evidence.