Back / lumbar spine decisions — 2005

The Board has determined that the veteran's claimed conditions, including chronic back disorder, left hip disorder, bilateral knee disorder, and bilateral foot disorder, are not service-connected. The heart disease is also denied.

The veteran's degenerative disc disease of the lumbar spine resulted in moderate symptoms and limitation of motion, but did not meet criteria for a higher rating based on incapacitating episodes or favorable ankylosis.

The Board has granted service connection for a cervical spine disorder and a lumbar spine disorder, but denied service connection for a bilateral knee disorder.

The veteran's claim for higher ratings for his low back disability was denied. The initial rating of 10 percent prior to March 9, 2005, and the current rating of 20 percent since that date were both found not to meet the criteria for a higher rating.

The Board found no evidence of a low back disability in service or for many years thereafter, and the only competent medical opinion addressed this issue. The claim was denied.

The veteran's low back disability was initially rated as noncompensable and later increased to 10 percent effective April 6, 2000. The RO has now raised the rating to 40 percent effective December 28, 2004.

The Board denied the veteran's claim for service connection for a back disorder, finding no evidence of a current disability linked to his service. The Board also found that there was no negligence or lack of skill in performing the lumbar puncture, and thus compensation under 38 U.S.C.A. § 1151 is not warranted.,The veteran's claim for benefits under 38 U.S.C.A. § 1151 was also denied as there was no evidence of negligence or lack of skill in performing the lumbar puncture, and thus compensation under this provision is not warranted.

The VA denied the veteran's claims for increased evaluations for her low back strain, right knee sprain, and bilateral shin splints.,The VA found that there was no evidence of orthopedic or traumatic pathology in the veteran's lower back, right knee, or legs.

The veteran's low back disability does not meet the criteria for a rating in excess of 40 percent.

The Board has ordered the RO to schedule a neurologic examination for the veteran and review her claims folder again after completion of the examination. The decision remains adverse if service connection is not warranted.

The Board has remanded the case due to a need for another etiology opinion considering all evidence of record, including private medical evidence from the CIDRA Migrant Health Project.

The Board has granted service connection for degenerative changes in the thoracic spine with old compression deformities of T6 and T7, finding that it is at least as likely as not that the veteran's disability began during service or was aggravated by service. The abdominal disability remains pending.

The Board found that the reduction in the evaluation from 40 to 20 percent for the service-connected lumbosacral strain was not proper and is void ab initio.

The Board has remanded the case due to the need for additional examinations and development of evidence related to the veteran's claims of service connection for headaches, Hepatitis C, low back disability, and respiratory disability.

The Board has denied the veteran's claims for service connection for a right heel spur and a lumbar spine disability to include degenerative disc disease. The claim for PTSD is remanded due to incomplete development.

The Board has denied the veteran's claims for service connection for cervical, thoracic, lumbar spine disabilities and basal cell carcinoma removal facial scars. The evidence does not support a finding of direct service connection.

The Board has denied service connection for various hip, knee, and leg disorders due to a lack of evidence linking these conditions to the veteran's military service.

The Board denied the veteran's claims for increased ratings for his lumbar spine, right shoulder, and right foot disabilities. The initial evaluations were found to be appropriate based on the current clinical findings.

The Board has granted a higher rating of 60 percent for the veteran's service-connected lumbar spine disability, effective from September 2, 2001.

The Board has remanded the case for further development due to conflicting information about when and where the veteran's low back injury occurred during active duty for training.