Back / lumbar spine decisions — 2005

The Board granted a 30 percent evaluation for the veteran's chronic lumbar myositis, left sciatic nerve neuralgia, and lumbar spine degenerative disc disease.

The Board has granted a combined evaluation of 50 percent for the service-connected degenerative disc disease of the lumbar spine with left foot neurologic deficit, effective March 30, 2004.

The Board denied the veteran's claims for service connection for right ear hearing loss, bilateral knee disorder, bilateral elbow disorder, and low back disorder. The evidence did not support a finding of in-service injury or disease that led to these conditions.

The veteran's service-connected disabilities combine to preclude him from engaging in substantially gainful employment.

The Board has determined that the evidence currently of record is sufficient to substantiate the veteran's claim to reopen a claim for service connection for low back disability. The veteran's service medical records show treatment for back pain in service, but no current disability was found at discharge. New evidence submitted since the 1998 decision includes VA and private treatment records indicating ongoing back issues. The Board finds that this new evidence is significant enough to warrant reopening the claim.

The veteran's claim for an increased rating for his service-connected low back disability was denied. The RO found that the disability did not meet criteria for a higher evaluation.

The Board has determined that the veteran does not have a current disability for which service connection can be granted for his back, right knee, or left ankle. The only diagnosed condition is a right ankle disability, but there is no evidence of an in-service injury or chronic disability.

The Board has denied the veteran's claims of service connection for chronic low back and cervical spine disabilities, finding that there is no medical evidence linking these conditions to his military service.

The Board found that the veteran's service-connected lumbosacral spine and right middle finger disabilities do not warrant a higher disability rating based on their current manifestations.

The Board has determined that the veteran's low back disability, diagnosed as degenerative joint disease with arthritis of the lumbar spine, is not related to his military service and therefore denied his claim for service connection.

The Board has determined that new and material evidence was submitted to reopen the veteran's previously denied claims of service connection for a left knee disability and a low back disability. However, the claims were ultimately denied as there is no medical evidence showing these disabilities are related to his service-connected right knee disability.

The Board found that the veteran's low back disability existed prior to service and was not aggravated during service, thus denying his claim for service connection.

The Board denied the reopening of the claim for service connection for a back disorder and, if reopened, the claim itself. The veteran was not granted new evidence to reopen his claim.

The Board has denied the veteran's claims for service connection for a sinus disorder, lumbosacral strain with neurological manifestations affecting the left leg, chloracne, and peripheral neuropathy of the hands and feet. The evidence submitted did not change the outcome of these decisions.

The Board found that the veteran's current low back disorder is not causally related to his active service and denied both his claim for service connection and his request for an earlier effective date for TDIU.

The Board of Veterans' Appeals denied the veteran's claim for service connection for residuals of a low back injury due to insufficient evidence and failure to provide all requested records.

The Board found that the veteran's lumbar spine disability was not incurred in or aggravated by service and denied his claim for service connection. The initial evaluation for cervical spine degenerative disc disease was also denied.

The Board denied the veteran's claims for service connection for residuals of a fracture of the right tibia and a back condition, finding that there was no clear and unmistakable evidence showing aggravation during service and insufficient medical evidence linking these conditions to service.

The veteran's claim for special monthly pension based on the need for regular aid and attendance or upon housebound status was denied as he does not meet the criteria for either benefit.

The Board denied the veteran's claims for service connection for degenerative disc disease and an increased evaluation for paravertebral myositis. The veteran was currently rated at 40 percent for his service-connected lumbar disability.