Back / lumbar spine decisions — 2005

The veteran's polyarthralgia is not service-connected as it is not proximately due to or the result of her service-connected sarcoidosis. The Board denied her claims for TDIU and pension based on the lack of evidence showing she was unemployable or permanently disabled.

The Board denied service connection for a back disability and bilateral hearing loss, finding no nexus between the disabilities and active military service.

The veteran's claims for service connection were denied. The Board found that the evidence did not indicate Guillain-Barré syndrome due to a swine flu vaccination, and his acquired psychiatric disorder, syphilis, right foot disability, and bilateral knee disabilities were not incurred or aggravated during service.

The VA denied the veteran's claim for an increased evaluation for psoriatic spondylitis of the lumbosacral spine, currently rated at 10 percent. The evidence did not show that the condition resulted in limitation of motion or any other symptoms.

The Board has remanded the case due to new evidence and need for additional development, including obtaining treatment records, verifying stressors, and scheduling examinations.

The Board has denied the veteran's request for a waiver of overpayment in Chapter 31 benefits and also found that his timely notice of disagreement regarding increased evaluation for low back strain and compensable evaluation for TMJ syndrome was not received within the required timeframe.

The Board has determined that the veteran is entitled to an effective date of March 1, 2002 for the award of service connection for fibromyalgia. The claims for chronic back and right knee disorders as well as PTSD have also been granted.

The Board found that the veteran's degenerative disc disease of the lumbar spine did not warrant a disability rating in excess of 10 percent, as her symptoms were consistent with mild to moderate impairment without incapacitating episodes or significant neurologic involvement.

The Board has remanded the case due to incomplete development and the need for VA examinations to assess the severity of the veteran's service-connected low back disability. The claim will be reconsidered based on the new examination results.

The veteran's claim for an increased rating for his service-connected lumbar spine disability is being remanded for additional development.

The Board denied the veteran's petition to reopen his claim for service connection for a leg disability, as well as his claims for degenerative joint disease of bilateral knees and lumbosacral spine. The decision is final.

The Board has remanded the case for additional development, including obtaining SSD records and scheduling VA examinations to determine if current bilateral ankle and back disabilities resulted from in-service events.

The Board finds that the veteran does not have a right knee condition that was incurred in or aggravated by his active service, and is not proximately due to or the result of his service-connected iliotibial band tendonitis and greater trochanteric bursitis of the right hip.

The Board has determined that the veteran does not have residuals of gunshot wounds to the stomach and low back, nor does he have residuals of a shrapnel wound to the left elbow. The claims for service connection are denied.

The Board has remanded the case for additional development due to inconsistencies in the evidence regarding arthritis of specific joints and to address whether the veteran's degenerative joint disease is related to an injury during active service.

The Board denied the veteran's claim for an earlier effective date for his total disability rating based on individual unemployability due to service-connected disabilities, finding that there was no evidence of a factually ascertainable increase in disability prior to August 25, 2000.

The Board finds that the veteran does not have a current, chronic disability manifested by urinary infections that can be attributed to her period of active military service. Therefore, her claim for service connection for urinary infections is denied.

The Board has determined that the veteran does not have a back disability attributable to his military service.

The Board found that the veteran's pre-existing back injury did not worsen during service and his current conditions are not related to military service.

The Board found that the veteran's lumbar disc disease was not incurred in or aggravated by his active military service and denied his claim for service connection.