Back / lumbar spine decisions — 2005

The Board has determined that the veteran's current arthritis and degenerative joint disease of the lumbar spine were not incurred in or aggravated by service, and may not be presumed to have been incurred in service.

The Board denied the veteran's request to waive recoupment of military severance pay from his VA disability compensation, as it is required by law.

The veteran's appeal is being remanded for further development, including obtaining medical examinations and records to evaluate his service-connected low back pain, hallux valgus with arthritis of the feet, and cubital tunnel syndrome of the elbows.

The Board has ordered further development in the veteran's claim for an increased evaluation for a lumbosacral strain with degenerative disc disease, currently evaluated as 20 percent disabling. The case is now REMANDED to the RO via the AMC for compliance with VCAA requirements and consideration of the new regulation changes.

The veteran's claim of entitlement to an effective date prior to March 8, 1995, for service connection for low back disability is being remanded due to the need for compliance with the Veterans Claims Assistance Act of 2000 (VCAA).

The Board has determined that a rating of 20 percent is warranted for the veteran's service-connected myositis of the lumbar paravertebral muscles, effective as of the date of this decision.

The Board has granted service connection for residuals of lumbosacral strain and degenerative disc disease, L5-S1. Service connection was denied for right testicular pain.

The Board has determined that the veteran's claims for increased ratings and service connection have been denied. The RO previously denied these claims, and no new evidence was presented to reopen any of the claims.

The veteran seeks an increased disability rating for his service-connected back disability, characterized as fibromyositis of the dorsal and lumbosacral muscles. The case is being remanded to secure a new VA examination and obtain additional medical records.

The Board found that the veteran's service-connected degenerative joint disease of the lumbar spine is manifested by pain and limitation of motion, but no neurological symptoms have been associated with the disability. The criteria for a rating in excess of 40 percent were not met.

The Board denied the veteran's claims for service connection of residuals of a fracture of the left rib and a back disability, finding no evidence linking these conditions to his military service. The claim for TDIU was also denied as there is no single disability rated at 100% or more combined with another disability rated at least 40%.

The Board has remanded the case due to unavailability of SSD records and other necessary development is required.

The Board finds that the veteran's current neck and low back disabilities are at least as likely as not related to his military service, with continuity of symptomatology established post-service.

The veteran's claim for an increased rating for a low back disability is being remanded due to the need for updated medical records and a VA examination under the new spinal regulations.

The veteran's service-connected disabilities do not meet the criteria for financial assistance in the purchase of an automobile or other conveyance and adaptive equipment, as his actual functional use of his ankles/feet is not so ineffective that it could be equally well served by an amputation.

The veteran's appeal is being remanded for additional development, including obtaining medical records and verifying stressors.

The Board has determined that the veteran's current low back and left hip conditions are not service-connected, as they were either acute and resolved without residual disability or related to natural aging processes.

The Board has denied the veteran's claim for an evaluation in excess of 40 percent for his service-connected low back strain, with L4-5 disc bulge.

The Board has denied the veteran's claims for service connection for asthma and bronchitis, including as secondary to nicotine dependence or tobacco use, and for a back disorder. The claim of service connection for hepatitis C is being remanded.

The veteran's appeal is for an increased rating for his service-connected spondylolithesis of the lumbar spine with degenerative changes and radiculopathy. The RO has granted service connection but did not address whether a higher initial rating was warranted.