Back / lumbar spine decisions — 2005

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

The Board has determined that the veteran does not have a hearing loss disability for VA purposes and her tinnitus is not service-connected. The other conditions listed in the issues section are either not supported by evidence or were resolved prior to separation from service.

The veteran's lumbosacral sprain and strain have been found to be aggravated by her service-connected right knee disability, warranting service connection for this condition.

The veteran's claims for increased rating, service connection for PTSD, and skin conditions secondary to herbicide exposure were denied. The Board found that the evidence did not support a finding of an in-service stressor for PTSD or credible supporting evidence for the claimed skin conditions.

The veteran's claims for higher initial disability ratings for his service-connected low back and left hip disabilities were denied. The original rating of 20 percent for the lumbosacral spine disability remains in effect, while a 10 percent rating is assigned for bursitis of the left hip from April 17, 2003.

The Board is remanding the case for readjudication on the merits due to a request for readjudication within two years of the VCAA's enactment.

The Board denied the veteran's claims for service connection of right arm and hand, cervical spine condition, and low back condition as secondary to his service-connected right shoulder disability.

The veteran's claim for an increased rating for his lumbosacral spine disability was granted and he is currently rated at 10 percent.,An effective date prior to January 29, 2002 for the compensable rating cannot be established.

The veteran's appeal is being remanded for additional development, including obtaining VA vocational rehabilitation records and providing the veteran with a VCAA letter. An examination will also be conducted to determine if any current diagnosis of dysthymia or depression is related to his service-connected lumbosacral strain.

The Board denied service connection for residuals of a left shoulder injury and degenerative joint disease of the lumbar spine, finding no evidence linking these conditions to military service. The claim for PTSD was also denied due to lack of credible supporting evidence.

The Board has determined that the veteran does not have a current low back disorder or lower extremity neuropathy, and therefore service connection for these conditions is denied.

The Board has remanded the case due to insufficient evidence regarding the etiology of the veteran's current back disability and for further development.

The Board denied a higher disability rating for the veteran's chronic low back strain, finding that it did not meet the criteria for a rating in excess of 40 percent from August 11, 1995.

The Board has remanded the case due to procedural deficiencies and requests for additional evidence, including service personnel records, police reports, hospital records, and morning report entries.

The Board has granted service connection for a low back disability, finding that the veteran's current low back disability is related to an injury sustained in service.

The Board has granted a 20 percent disability rating for lumbosacral strain prior to February 22, 2004 and a 10 percent disability rating for bilateral pes planus. The veteran's service-connected disabilities are evaluated based on their current manifestations.

The Board found that the veteran's current lumbosacral strain with herniated and degenerative disc disease is not related to his military service, and thus denied his claim for service connection.

The Board denied the veteran's claims for service connection for a back disability and a right hip disorder, finding that there was no evidence of such conditions during his period of active duty.

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

The Board has denied the claim of service connection for bilateral TMJ syndrome, finding that it is less likely than not related to an in-service motor vehicle accident. The chronic back disorder claim will be remanded for further development.