Back / lumbar spine decisions — 2005

The Board found that the evidence did not support a finding of service connection for the veteran's low back disability.

The veteran's service-connected low back disability alone does not preclude him from gainful employment, as he is only restricted to light work duty status and requires frequent breaks. Therefore, the claim for a total disability rating based on individual unemployability (TDIU) is denied.

The veteran's low back disability is currently rated at 40 percent, effective August 1992. The RO has granted service connection for degenerative joint and degenerative disc disease of the lumbar spine.

The Board has remanded the case for additional development, including obtaining medical records and conducting examinations to assess the veteran's service-connected disabilities and their impact on his employability.

The Board denied reopening of the veteran's claims for service connection and compensation under 38 U.S.C.A. § 1151, finding no new and material evidence to support these claims.

The Board has denied the veteran's claims for service connection for left knee and back disabilities as secondary to a service-connected right knee disability, finding that there is no evidence of current disabilities on which to base these claims.

The Board found that the veteran's current low back disability is not related to his active military service and denied his claim for service connection.

The Board has determined that the veteran's claimed low back and hip disabilities are not service-connected, as there is no evidence of a current disability during service or that any current disability is related to service. The claim for secondary service connection was also denied.

The Board found that the veteran's cervical and lumbar spine disabilities were not incurred in or aggravated by his military service, as there was no medical evidence linking these conditions to his active duty. The claims for service connection are therefore denied.

The Board found no evidence to support the veteran's claims of service connection for degenerative joint disease (DJD) of the lumbosacral spine and left leg/knee disability, both secondary to her service-connected left ankle sprain. The Board concluded that these conditions are not related to her service-connected condition.

The Board has reopened the veteran's claim of service connection for a low back disability and granted it, finding that new evidence shows the current lumbosacral disc disease was incurred during service.

The Board denied the veteran's claims for an increased disability rating for his service-connected low back strain and service connection for foot fungus, finding that there was no evidence of exceptional or unusual circumstances warranting extraschedular consideration and concluding that the dermatitis of the feet is not related to military service.

The veteran's service-connected disabilities, including PTSD, result in total occupational and social impairment from October 1, 2004.

The VA denied the veteran's claims for increased ratings for his degenerative arthritis of the left knee, right knee, and lumbar spine. The conditions are currently rated at 10 percent each.

The veteran's claim for an increased evaluation for his service-connected lumbosacral strain with limitation of motion is being remanded due to the need for a comprehensive VA examination and consideration of revised rating criteria.

The Board found no evidence of a right hip, knee, or low back injury during service and insufficient post-service medical evidence to establish continuity of symptoms. The veteran's claims for these conditions were denied as they are not proximately due to or the result of a service-connected disability.

The Board has granted service connection for a low back disorder based on aggravation during service. Service connection for carcinoma of the tongue is denied as it cannot be presumed to have been incurred in service due to smoking.

The veteran's appeals for increased evaluations have been withdrawn, and no allegations of error remain.

The veteran is seeking service connection for his right knee and low back disabilities, with the latter being secondary to the former. The Board has determined that a remand is necessary to determine if the veteran's preexisting right knee disability was aggravated by military service.

The Board denied service connection for hypertension with hypertensive heart disease, finding no evidence of a nexus to military service or diabetes mellitus.,Service connection was also denied for residuals of a herniated disc of the lumbar spine due to lack of new and material evidence.