Back / lumbar spine decisions — 2005

The veteran's low back disability is rated at 20 percent, the highest available under the old rating criteria for intervertebral disc syndrome. The other issues remain pending and will be addressed in the REMAND portion of this decision.

The VA denied the veteran's claims for increased ratings for prostatitis and epididymitis, as well as service connection for a low back disorder. The rating for prostatitis remains at 60 percent.

The VA determined that the veteran's current cervical spine disability is not related to his service, specifically noting a lack of continuity of symptoms and inconclusive evidence linking the current condition to events during active duty.

The Board found that the evidence submitted since the April 1999 decision does not raise a reasonable possibility of substantiating the claim for service connection for a low back disorder. The veteran's statements and medical records were considered, but did not provide a causal relationship between his current low back disability and military service.

The veteran's low back strain with degenerative changes is currently rated at 20 percent, which meets the criteria for a moderate disability.

The Board found that the veteran's low back disorder and bilateral hearing loss were not incurred or aggravated by service, with the examiner stating it was more likely related to post-service factors.

The Board has determined that the veteran's traumatic lumbar disc disease, postoperative status is attributable to service and grants service connection for this condition.

The veteran's claims for increased ratings were granted, with the right knee receiving a 100% rating effective from November 21, 2003, and a noncompensable rating from January 1, 2004. The low back received a 40% rating prior to September 23, 2002, and a 10% rating for intervertebral disc syndrome-related lower extremity neuropathy starting from September 23, 2002.

The Board found that the veteran's lumbar strain did not meet or approximate the criteria for a rating in excess of 20 percent. The right knee disability was rated under Diagnostic Codes 5262 and 5257, with no indication of arthritis being considered separately.

The Board has determined that the veteran's claimed low back and neck disabilities were not incurred in or aggravated by service, nor may they be presumed to have been so incurred. The evidence does not support a finding of service connection for these conditions.

The Board has reopened the veteran's claims for service connection for a back disability and tinnitus. The evidence shows that the veteran experienced acoustic trauma during his Gulf War service, which is considered combat exposure under VA regulations. As such, the claim for tinnitus is granted based on in-service noise exposure. The claim for a back disability remains pending as it was not established by direct service connection.

The Board has remanded the case for additional development, including obtaining SSA records and treatment records from private or VA facilities.

The veteran's appeal is being remanded for additional development, including examinations to assess the current status of his right knee and ankle disabilities, as well as secondary service connection claims. The RO must also issue a supplemental statement of the case on the issue of secondary service connection for lumbar spine and right hip disabilities.

The Board denied service connection for PTSD due to lack of credible evidence supporting the occurrence of an in-service stressor. The claim for a disability rating in excess of 10 percent for low back disability is remanded for further evaluation.

The Board has remanded the veteran's claims for higher ratings due to additional development of his lumbar spine disability and evaluation of left lower extremity radiculopathy.

The Board denied the veteran's petition to reopen his claim for service connection for headaches with bitemporal swelling and granted a 20 percent rating for degenerative changes of the lumbar spine.

The veteran's claim for an effective date earlier than October 1, 2000, for a 60 percent evaluation of his service-connected back disability has been denied as there is no evidence of an earlier increase in disability and no unresolved formal or informal claims were received by VA prior to June 2001.

The Board denied the veteran's claims for service connection for a low back disorder and residuals of a right inguinal hernia repair, finding that new and material evidence had not been submitted to reopen her claims.

The Board has denied the veteran's claim for service connection for a back disability, finding that there is no medical evidence or opinion linking his current condition to any incident of service.

The Board denied service connection for the appellant's claimed conditions, finding that they were not incurred or aggravated by service and thus did not meet the criteria for direct service connection.