Back / lumbar spine decisions — 2005

The VA determined that the veteran's degenerative disc disease of the cervical spine was not incurred or aggravated by service, and thus denied his claim.

The Board denied the veteran's claims for an increased rating for traumatic arthritis of the lumbar spine and a TDIU by reason of service-connected disability.

The Board has denied the veteran's claims of service connection for a right knee and leg disorder and a back disorder, finding that there is no current medical diagnosis or evidence linking these conditions to his military service.

The Board has decided to remand the case for further development, including obtaining medical opinions and records related to the veteran's back and neck disabilities, as well as vocational rehabilitation records. The effective date of a 100 percent schedular rating for major depression is also under review.

The Board has granted service connection for degenerative joint disease of the lumbar spine and awarded a 60 percent rating, effective from February 6, 2001. The veteran's appeal regarding an earlier effective date is denied.

The Board denied the veteran's claims for an initial compensable evaluation for serous otitis media in the right ear, service connection for a low back disorder, and service connection for hypertension.

The veteran's claims for increased evaluation and service connection were denied. The Board found that the residuals of a separation of the right acromioclavicular joint are not currently disabling, there is no current low back disorder or neurological residuals due to an inservice head injury.

The veteran's service-connected disabilities did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318, as he was not rated totally disabled continuously for a period of at least ten years immediately preceding his death.

The VA has determined that the veteran's degenerative joint disease of the lumbosacral spine warrants a 40 percent evaluation, which is the maximum schedular rating available for this condition.

The Board denied the veteran's claim for an earlier effective date for a 60 percent disability evaluation for low back strain with disc disease, finding that no factually ascertainable increase in disability occurred prior to April 9, 1998.

The Board finds that the veteran's degenerative disc disease of the lumbosacral spine with herniated nucleus pulposus, L-5/S-1 is reasonably due in part to in-service injuries and cannot be dissociated from service-connected lumbosacral strain.

The Board denied service connection for a back disorder and the evaluation of fractures of the right 2nd and 3rd metatarsals, finding that the veteran's current chronic back disorder was not incurred in or aggravated by service.

The Board denied service connection and increased ratings for the veteran's bilateral knee, shoulder, low back, and cervical spine disabilities. The claims were found not well-grounded under then-prevailing legal authority.

The Board found that the veteran's service-connected residuals of nose injury did not warrant a compensable rating, and her other claims for service connection were denied as there was no evidence linking current diagnoses to active service or service-connected disability.

The Board denied the veteran's claims for increased evaluations for his service-connected cervical and lumbar spine disabilities, finding that the evidence did not support ratings in excess of 10 percent and 20 percent, respectively.

The Board found that the effective date for the veteran's VA compensation benefits should be September 11, 2000, as this was the date he elected to receive such benefits. The earlier effective dates requested were denied.

The Board denied the veteran's claim for an increased disability rating for his service-connected low back disorder, currently rated at 40 percent.

The Board has remanded the case for additional development, including a VA orthopedic examination to determine the etiology of any current neck and low back disabilities. The veteran's claim for service connection for depression will also be addressed.

The veteran's appeal is being remanded to the RO for a new hearing before a Veterans Law Judge.

The Board has remanded the veteran's claims for increased ratings for varicose veins of the left leg and low back syndrome with arthritis due to failure to provide proper VCAA notice.