Back / lumbar spine decisions — 2005

The veteran's claims for service connection and increased evaluations were denied. The case was remanded multiple times, but the issues remain unresolved.

The Board found no evidence linking the veteran's current low back disorder to his service, and thus denied his claim for service connection.

The Board denied service connection for cervical spine arthritis, lumbar spine spondylosis, and thoracic spine scoliosis, as well as evaluations in excess of 10 percent for residuals of cold exposure of the right and left feet. The veteran's conditions were not shown to be related to active service or service-connected disabilities.

The veteran's appeal is being remanded for additional development, including a supplemental statement of the case and VA examinations to address his claims for increased rating for low back disability, reopening of cervical spine disorder claim, CUE in a previous decision, and service connection for coronary artery disease.

The veteran's claims for increased evaluations for various service-connected disabilities are being remanded to the RO for additional development.

The veteran's claim for a higher rating for his right knee disability was denied until May 8, 2001 when he received a 20% evaluation. His TDIU claim was granted effective from the date of the decision.

The veteran's claim for increased ratings for his service-connected low back pain syndrome with disc herniation at L4-L5 was denied by the RO. The initial rating of 10% from November 1989 to March 2001, and a temporary total rating based on surgical or other treatment necessitating convalescence from October 2000 were upheld. A 20% rating was assigned from March 2001 to September 25, 2003. The claim for an increased rating after September 26, 2003 remains pending.

The Board has granted a 30 percent evaluation for the service-connected bilateral flat foot condition, effective from August 23, 2001. The veteran's claims for increased evaluations of degenerative joint disease of the cervical spine and traumatic arthritis of the lumbar spine are addressed in the REMAND portion of this decision.

The Board denied the veteran's claims of service connection for low back disorder, bilateral knee disorder, and hyperlipidemia with elevated cholesterol. The RO initially denied these claims in January 2000 but did not receive a timely appeal from them.

The Board has remanded the case due to outstanding medical records and the need for further examination. The veteran's back disorder may be related to service, but more evidence is needed.

The Board found that there was no evidence of an in-service injury or disease resulting in degenerative disease of the lumbar spine, and thus denied the veteran's claim for service connection.

The Board has granted service connection for degenerative disc disease, lumbar and thoracic spine. The veteran's claims of increased ratings for his service-connected gunshot wound, residuals of fracture of spine and of the right scapula, and residuals, fracture, right humerus have been granted with a 10 percent rating.

The veteran's appeal is being remanded for further evaluation and consideration of his claims, including a new examination to assess the severity of his service-connected lumbar spine disability.

The veteran's appeal is remanded for further development, including obtaining additional medical records and providing the veteran with a VA examination to assess his service-connected lumbar spine disability. The claim will be adjudicated again using both old and new rating criteria.

The Board denied service connection for bilateral ankle disorder, degenerative joint disease of the lumbar spine, knees, and hips all claimed as secondary to pes planus.

The Board has determined that the veteran's claimed low back, neck, groin skin, chest pain/bronchitis, and headache disorders are not related to his active service.

The veteran's claims for increased ratings and a total disability rating based on individual unemployability were denied. The low back disability was rated at 40 percent, the headaches secondary to post-concussion syndrome at 10 percent.

The Board has determined that the veteran does not have cervical spine or lumbar spine disabilities related to his active service and thus denied both claims.

The Board has determined that the veteran does not have a low back disorder, upper respiratory infection with headaches, or nasal septal deformity that were incurred in or aggravated by service. The appeals for these issues are denied.

The Board has reopened the veteran's claim for service connection for bilateral hearing loss due to military noise exposure. The claim for back disability remains in a reopened status but will require further development, including obtaining the veteran's service personnel records and providing him with an examination.