Back / lumbar spine decisions — 2005

The Board has determined that the veteran does not have a low back disorder as a result of disease or injury incurred during service, and therefore denied his claim for service connection.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision being made.

The Board has granted an increased rating for the veteran's traumatic arthritis, left knee. Service connection was established for a low back disorder as secondary to the service-connected traumatic arthritis, left knee and for a right knee disorder also as secondary to the service-connected traumatic arthritis, left knee.

The Board denied the veteran's claims for service connection for bilateral hearing loss, a chronic back disorder (including spinal discomfort), and a chronic liver disorder due to lack of competent medical evidence showing a nexus between these conditions and his military service.

The veteran's appeal is being remanded for additional development of his claims, including obtaining treatment records and conducting further examinations to assess the severity of his service-connected disabilities.

The veteran's service-connected disabilities do not meet the criteria for an automobile grant and/or adaptive equipment allowance or special monthly compensation based on aid and attendance (A&A).

The Board has denied service connection for chronic back and sleep disorders, as well as an increased rating for the residuals of a fracture of the left distal fibula. The veteran's claimed conditions are not shown to be related to his military service.

The VA denied an increased evaluation for the veteran's postoperative residuals of herniated nucleus pulposus with traumatic arthritis of the lumbar spine, as his disability did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board finds that the veteran's claims for service connection for bilateral shoulder disability and bilateral knee disability must be denied due to lack of competent medical evidence of current disabilities. The veteran's assertions alone cannot provide a basis for a grant of service connection.

The Board has determined that there is no competent evidence linking the veteran's current back disability to an injury or disease in service, and thus denied his claim for service connection.

The Board has determined that the December 2001 rating decision denying service connection for a low back disability, secondary to exposure to mustard gas, is final. The evidence received since then does not raise a reasonable possibility of substantiating the claim.

The VA denied the veteran's claims for increased evaluations for his lumbosacral strain, finding that prior to April 12, 2001, the condition did not meet criteria for a higher evaluation. On or after April 12, 2001, the condition was found to be less severe than what would warrant an increase in evaluation.

The veteran's initial ratings for spondylosis and degenerative disc disease at L5-S1 were increased to 40 percent effective August 10, 2004. His initial compensable rating for the same conditions at C5-6 was also granted effective August 10, 2004.

The Board denied service connection for a back disorder, bilateral hip disorder, and psychiatric disorder claimed as secondary to service-connected disabilities.

The Board granted a rating of 60 percent for chronic lumbar paravertebral myositis, effective from the date of the decision. The issue regarding an earlier effective date for the 50 percent evaluation for dysthymia remains on appeal.

The Board denied the veteran's claims for an increased rating for his service-connected spina bifida occulta at S-1 level with low back strain and a total evaluation based on individual unemployability due to service-connected disabilities. The Board found that the veteran's current orthopedic and neurologic symptoms are not related to his service-connected condition, and thus did not warrant an increased rating or TDIU.

The veteran's low back disability, characterized by severe lumbosacral strain with significant functional impairment and loss of lateral motion, is rated at 60 percent under the former provisions of Diagnostic Code 5293.

The Board denied the veteran's claims for an increased evaluation of his right foot disability and service connection for a lumbar spine disorder as secondary to his service-connected right foot disability.

The Board denied service connection for lumbar disc disease due to lack of new and material evidence. The veteran's claim was previously denied in May 2001, but the appeal is still pending as no new evidence has been received.

The Board has determined that the veteran does not have any of the claimed conditions (neck disorder, back disorder, left hip and lower extremity joint disability, seizure disorder, or depression) that are proximately due to or the result of his service-connected syphilis.