Back / lumbar spine decisions — 2005

The Board has determined that the veteran does not have a current diagnosis of arthritis of the low back and there is no competent evidence linking this condition to service or any service-connected disability. As such, the claim for service connection for arthritis of the low back as secondary to service-connected residuals of a low back injury is denied.

The veteran's appeal is being remanded to obtain additional evidence and for further development of his claim for increased ratings for lumbosacral degenerative joint and disc disease.

The veteran is seeking compensation under the provision of 38 U.S.C.A. § 1151 for additional disability of the back as a result of treatment by the Department of Veterans Affairs, but his claim was remanded due to insufficient evidence.

The Board has determined that the veteran does not have a lung disorder or back disorder related to his military service, including claimed asbestos exposure. The claims for these conditions were denied.

The Board found no evidence to support the veteran's claims for service connection of a back disability, bilateral foot disability, or groin injury. The veteran did not have any complaints or diagnoses related to these conditions during service and there is insufficient medical evidence linking his current disabilities to service.

The Board has determined that the veteran's bilateral lower extremity twitching and low back disorder did not have its onset during active service or result from disease or injury in service, thus denying his claim for service connection.

The Board has determined that the veteran's back disorder is not related to his military service, and thus denied his claim.

The Board granted service connection for epididymitis and headaches, but denied the claims for residuals of fractures and right elbow disability. The veteran's degenerative disc disease of the lumbar spine is rated at 30 percent.

The Board finds that the veteran's bilateral foot fungus, vision loss, PTSD, and back disorder were not incurred during active military service.,Service connection for these conditions is denied.

The veteran's claims for increased rating, service connection for erectile dysfunction, bladder dysfunction, bowel dysfunction, and TDIU were denied. The lumbar spine disability was rated at 40 percent.

The veteran's claims for higher evaluation of his service-connected back disability and secondary service connection for a low back disorder and depression are being remanded due to the need for additional medical examinations and development.

The veteran's claim for an increased rating for his service-connected lumbar spine condition is being remanded due to the need for a more current VA examination and correction of the RO's error in characterizing the disability.

The Board has granted a 10 percent rating for lumbosacral strain with mild narrowing at L5-S1, and denied the claim for an increased evaluation for right knee strain.

The Board has ordered additional development to obtain service medical records and post-service medical records, including from the Fitzsimons Army Medical Center. The veteran is also to be provided with a VA examination for an orthopedic and neurological evaluation of his neck and back disabilities.

The veteran withdrew his appeals for increased ratings of degenerative disc disease of the lumbosacral spine and hypertension, effectively dismissing these claims.

The Board denied an earlier effective date for the TDIU claim, finding that it was not factually ascertainable that the veteran's service-connected disabilities precluded employment within one year of the date of claim.

The Board has denied the veteran's claims for service connection for lumbar spine, cervical spine, left shoulder, and right knee disorders due to a lack of medical evidence linking these conditions to his military service.

The veteran's claims for increased evaluations of his lumbosacral strain and right shoulder injury residuals with degenerative joint disease are being remanded to the RO for further action.

The Board found that the veteran's service-connected lumbosacral strain did not warrant a higher rating, as it did not meet the criteria for an increased rating under any applicable diagnostic code.

The Board has denied the veteran's claims for service connection for cervical spine and low back disorders, finding no evidence of such conditions during or within one year after service. The claim for osteoarthritis of the knees was also denied as there is no direct evidence linking it to service.