Back / lumbar spine decisions — 2005

The Board denied the veteran's claims for service connection for a back disorder and for effective dates for increased ratings of PTSD and TDIU. The Board found that there was no evidence linking the current back disorder to service, and concluded that the veteran did not meet the criteria for an effective date earlier than October 10, 2000, for the increased ratings.

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

The Board found no evidence of a chronic low back disorder during service and insufficient medical evidence to link the current condition to service. The claim was denied.

The veteran's service-connected lumbosacral strain with degenerative joint disease is rated at 10 percent, and his IBS is currently rated as noncompensably disabling. The Board has determined that the evidence supports a higher initial evaluation for both conditions.

The veteran's application to reopen his previously denied claim for service connection for a lumbar spine condition was denied as he failed to report for a scheduled VA examination without good cause.

The Board denied service connection for conjunctivitis and a low back disorder, finding no evidence of exposure to mustard gas or compensable spinal arthritis within one year of separation from active duty.

The Board denied service connection for low back pain and a left hip condition as secondary to the service-connected disability of left leg sensory deficit of the saphenous nerve, finding no direct or secondary nexus between these conditions and the service-connected disability.

The Board denied an increased rating for the veteran's service-connected arthritis and degenerative disc disease of the cervical spine, currently evaluated at 30 percent.

The Board found that the claimant's low back disability did not pre-exist service and was not aggravated by his active duty for training, thus denying service connection.

The Board has granted a 20 percent rating for recurrent mechanical low back strain effective May 14, 2005. The veteran previously had mild limitation of motion and now has muscle spasm with loss of lateral spine motion.

The Board has granted an effective date of November 21, 2001 for the grant of service connection for a low back disability. The veteran's claim for a rating in excess of 60 percent for his lumbosacral strain is denied.

The veteran is seeking service connection for right knee and low back disabilities, as well as a higher rating for his left leg disability. The Board has determined that further development is needed before the claims can be fully adjudicated.

The Board has determined that the veteran does not have a loss of visual acuity, traumatic arthritis of the low back, or peripheral neuropathy due to service. The evidence does not support these claims.

The veteran's low back disability was rated at 60 percent for the period from March 21, 1995 to February 12, 2002. The claim is granted.

The Board found that there is no evidence of arthritis within one year of the veteran's service, and thus denied her claims for service connection for arthritis of the lumbar spine and cervical spine on a direct basis.

The veteran's lumbosacral strain with DDD was granted a 50 percent rating effective from September 26, 2003. Prior to that date, the disability warranted a 40 percent rating.

The October 1997 rating decision found that new and material evidence had not been received to reopen the veteran's claim of entitlement to service connection for a low back disorder as secondary to his service-connected pes planus. The Board disagrees with this finding, but finds no legal basis to support a claim of clear and unmistakable error (CUE).

The Board found that the veteran's claim for service connection for lumbar spine disability was not reopened due to lack of new and material evidence. The claims for increased PTSD rating and TDIU were addressed separately.

The Board finds that the veteran's current low back disability is etiologically related to injuries sustained during active military service and grants service connection for this condition.

The Board denied the veteran's claims for service connection for a back disorder, right hip and knee disorders, and PTSD. The denial was based on lack of evidence linking these conditions to service or service-connected disabilities.