Back / lumbar spine decisions — 2005

The veteran's claim for higher evaluations for his cervical spine disability was denied. For the period prior to March 22, 2004, he was not entitled to an evaluation in excess of 20 percent. For the period commencing March 22, 2004, he was also not entitled to a rating higher than 20 percent.

The veteran's service-connected cervical spine disability is rated at 20 percent, which approximates the severity of his condition.

The Board found that the low back disorder is not proximately due to or the result of a service-connected disease or injury, and denied the veteran's claim for secondary service connection.

The veteran's appeal is remanded for additional development, including a VA orthopedic examination to determine the degree of impairment resulting from his lumbosacral spine disability. The claim will be reconsidered in light of both old and new rating criteria.

The Board denied the veteran's claims for an increased rating for lumbosacral strain with degenerative disc disease and a TDIU, finding that his service-connected disabilities alone did not preclude substantially gainful employment.

The Board found that the veteran's current psychiatric disorder did not originate in service and denied his claims for service connection for a cervical spine disability and lumbosacral strain.

The veteran's appeal is being remanded due to the need for additional development, including obtaining service personnel records and Social Security Administration records. The veteran also needs a VA orthopedic examination to determine the etiology of his claimed dorsal lordosis and lumbar disc disease.

The Board has decided to remand the veteran's claim for service connection of a low back disability due to potential in-service treatment at the Chicago Westside VA Medical Center. The veteran must provide any relevant medical records.

The Board denied the veteran's claims for increased ratings for his service-connected right knee, left knee, and lumbosacral spine disabilities. The evidence did not meet the criteria for higher ratings under the applicable diagnostic codes.

The Board finds that the veteran does not have additional disability due to VA carelessness, negligence, or fault in performing a lumbar puncture procedure on July 29, 1996. The preponderance of evidence shows no causal link between the attempted lumbar puncture and any subsequent low back disability.

The veteran's appeal has been withdrawn prior to the Board making a decision.

The Board has determined that new and material evidence has been presented to reopen the veteran's claim for service connection for a low back disability, but denied the claim on a de novo basis.

The Board has granted an increased rating of 40 percent for the service-connected low back strain, effective from April 30, 2002. The veteran's bilateral pes planus is rated at 10 percent and remains unchanged.

The Board found no evidence of a low back disability during service and concluded that any current low back disability was not incurred in or aggravated by service. The veteran's allergic rhinitis, reactive airway disease, and headaches are secondary to his service-connected nasal fracture with shattered facial bone.

The Board has granted service connection for degenerative condition of the cervical spine at C5-C6 and C6-7 with pain and headaches due to cerebral concussion, lumbar spinal stenosis, and residuals of bilateral cataract surgery. Service connection was denied for arthritis of the left hand and allergy condition.

The Board has found that new and material evidence has not been submitted to reopen the veteran's claim for service connection for a low back disability. The case is being remanded for further consideration of the issue.

The Board found no evidence to support the veteran's claims for service connection of his left shoulder and low back disorders, as they are not shown to have been incurred in or aggravated by service.

The Board denied service connection for a low back disorder and arthritis of the spine, finding that there was no evidence of an in-service injury or disease related to these conditions.

The Board has remanded the case for further examination and evaluation of the veteran's hip, leg, and lumbosacral strain disabilities. The RO will obtain an orthopedic and spine examination to determine the current nature and severity of these conditions.

The Board denied the appellant's claim for apportionment of the veteran's compensation award, finding that an apportionment would cause undue financial hardship to the veteran.