Back / lumbar spine decisions — 2005

The Board denied service connection for osteoarthritis of the ankles, knees, lumbar spine and shoulders as not related to service or an undiagnosed illness.

The Board finds that the veteran's claim for an earlier effective date for service connection of low back pain with degenerative disc disease is denied as there is no evidence of a prior claim. The appeal for PTSD was dismissed due to withdrawal by the appellant.

The veteran's claimed disabilities were not incurred or aggravated by service, and the initial rating for his right hand disability was denied.

The Board has determined that the veteran does not have degenerative disc disease of the lumbar spine, status post surgery with fusion, hypertensive vascular disease, or diabetes mellitus as a result of his service. The claim for these conditions is therefore denied.

The Board has granted secondary service connection for the veteran's low back disorder and right knee disorder, finding that these conditions are at least as likely as not aggravated by his service-connected right ankle disability.

The veteran's service-connected lumbosacral strain and right knee hamstring strain have been granted initial ratings of 20 percent and 10 percent, respectively. The TDIU claim was also granted.

The Board has determined that the veteran's low back disorder was incurred during his military service and granted service connection for this condition. The left knee disability is also found to be related to service, but further examination is needed before a decision can be made.

The veteran's claim for TDIU prior to January 8, 1998 was denied because there is no evidence of an increase in severity of his service-connected back disability alone that would have warranted a TDIU effective date prior to the submission of his claim.

The Board denied the veteran's claims for service connection for scoliosis, a kidney disorder (including Bright's disease), and degenerative disc disease and bone spurs as they were not incurred or aggravated in active military service.

The Board has determined that the veteran's spondylolysis and chronic lumbar strain are related to his military service, granting service connection for these conditions.

The Board denied the veteran's claim for a disability evaluation in excess of 20 percent for degenerative arthritis of the lumbar and cervical spine, finding that his disabilities did not meet or approximate the criteria for a higher rating.

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

The Board has granted service connection for diabetes mellitus as secondary to the veteran's service-connected degenerative disc disease of the lumbosacral spine. The increased ratings for coronary artery disease and hypertension are also granted.

The Board denied the veteran's claims for service connection for a tilted pelvis and disability of the lumbar spine, finding that new and material evidence had not been submitted to reopen these claims.

The veteran's claim for an earlier effective date for service connection of a back disability was denied as the February 1998 Board decision is final and there is no evidence of CUE. The current effective date remains March 26, 2003.

The Board denied the appellant's claims of service connection for post-traumatic stress disorder and a low back injury, finding that there was no evidence to support these claims based on the lack of in-service combat exposure or verified stressors. The appellant's diagnoses were also deemed unreliable due to unsubstantiated stressor reports.

The Board has remanded the case for additional development due to VCAA compliance issues and missing medical records.

The Board has determined that the veteran's lumbar spine disorder warrants a 40 percent disability rating under the old criteria, which is the highest available rating for severe limitation of motion. The other claims are not addressed as they do not meet the required criteria.

The Board found that the veteran's current low back disorder is not causally related to his active service and denied both his claim for service connection and his request for an increased rating for his left knee scar.

The Board has denied the veteran's claims for service connection for various conditions, finding no new and material evidence to reopen a claim for left shoulder disorder. Service connection was not established for right shoulder, low back, right leg, left leg, right knee, left knee cyst and iliotibial band syndrome, or disorders manifested by burning in the arches of the feet.