Back / lumbar spine decisions — 2005

The VA denied the veteran's claim for a higher disability rating for her service-connected mechanical low back pain, finding that it did not meet the criteria for a rating in excess of 20 percent.

The Board has reopened the claims for service connection for back and neck disabilities based on new evidence submitted since the August 1993 rating decision. The new evidence supports a reasonable possibility that these conditions are related to military service.

The Board has determined that the veteran does not have current diagnoses of any of the claimed conditions and therefore, service connection is denied for all issues.

The Board denied service connection for multiple sclerosis, back disorder, and residuals of toxic chemical exposure. The veteran's claims were found to be based on new and material evidence.

The Board has determined that the veteran's service-connected foot disabilities have caused his lumbar spine degenerative changes, and thus grants service connection for these conditions.

The Board denied service connection for the veteran's claimed low back injury, finding no evidence of its onset during his military service or any period of active duty for training. The Board concluded that the condition was not incurred in service and is not related to a period of inactive duty for training.

The veteran's appeal has been dismissed as he withdrew his appeal in April 2004 after the RO increased his disability rating to 40 percent.

The Board has granted service connection for athlete's foot, but denied service connection for hearing loss and a low back disability. The veteran is found to have current athlete's foot related to his military service.

The Board has determined that the veteran's chronic low back disorder, including degenerative joint disease, was incurred during his wartime service in the Republic of Vietnam.

The Board has determined that the veteran's service-connected degenerative disc disease of the thoracic and lumbar spine does not warrant a rating in excess of 20 percent for the period prior to July 8, 1997; a rating in excess of 40 percent for the period from July 8, 1997 to January 19, 2005; and a rating in excess of 60 percent since January 19, 2005.

The veteran's service-connected low back disability, characterized by DJD, spondylolisthesis, and disk space narrowing at L5-S1, is rated at 60 percent. The Board also granted TDIU based on the severity of his disability.

The Board found that the evidence did not support a finding of service connection for a back disability, as there was no credible evidence linking any current disability to military service.

The Board found that the veteran's degenerative disc disease of the lumbar spine is not related to his service-connected testicular cancer treatment, and thus denied his claim for secondary service connection.

The Board found no evidence of an in-service injury to the back and concluded that any current degenerative disc disease and spinal stenosis are not related to service, including a motor vehicle accident during service. The claim for secondary service connection was also denied.

The Board has determined that the veteran's cervical spine and lumbar spine disabilities, as well as his right arm/hand tremors, are related to service or service-connected conditions. The left leg disability is not separately service connected.

The veteran's right knee disability is currently rated at 30 percent, effective from August 1994. Her left knee disability remains at a 20 percent rating. The lumbosacral spine condition continues to be rated at 10 percent.

The Board has determined that there is no current evidence of a left leg wound or residuals thereof, and the low back disorder is not shown to be related to service.

The veteran's appeal is being remanded to the RO for review of new evidence submitted on his behalf. The case will be returned to the Board after this review.

The Board denied a higher rating for the veteran's service-connected spondylolisthesis at L5, finding that the evidence did not support a rating in excess of 20 percent.

The Board has determined that the veteran's current back disability is not related to his military service and therefore denied his claim for service connection.