Back / lumbar spine decisions — 2005

The veteran's service-connected left knee disorder was increased to a 30 percent rating effective January 12, 2005. A separate 10 percent rating for arthritis of the left knee is also granted. The veteran's chronic low back pain remains at a 20 percent rating.

The veteran's service-connected lumbar spine disability, which includes arthritis and degenerative disc disease, has not been shown to warrant a rating in excess of 20 percent from December 23, 1996.

The Board found that service connection is not warranted for a back disorder, loss of sight, or heart disorder. The claims were denied as there was no evidence linking these conditions to service.

The Board has restored a 40 percent rating for the veteran's service-connected low back strain with spondylolisthesis and arthritis, effective November 1, 2005. The veteran is not entitled to an evaluation in excess of 40 percent.

The Board denied the veteran's claims for service connection for right knee and low back disorders, finding no evidence of a nexus between current disabilities and service. The claim for an increased evaluation for residuals of fracture of the right index finger was granted with assignment of a 10% rating.

The Board has denied the veteran's claims for service connection for a low back disability and hepatitis C, finding no evidence to support these claims.

The Board denied the claim of entitlement to service connection for a back condition, claimed as secondary to the service-connected left knee disability due to lack of evidence showing a direct relationship between the current back condition and either service or a service-connected disability.

The veteran's appeal is being remanded due to the need for additional development, including scheduling an examination and obtaining medical records. The issues of service connection for multiple sclerosis, a compensable rating for the compression fracture of L1, and a greater than 10 percent disability rating for the left knee disorder are pending.

The VA denied an increased rating for the veteran's service-connected chronic low back sprain, currently rated at 40 percent.

The Board has determined that the veteran does not have a current disability in his lumbar spine and therefore, service connection for this condition is denied.

The competent and probative medical evidence of record preponderates against a finding that the veteran's low back and hip disorders are proximately due to or the result of service-connected postoperative left knee replacement.

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

The Board denied the veteran's claims of service connection for prostatitis, neck disability, low back disability, left hip disability, left leg disability, residuals of a head injury, and skin rash as there is no current evidence of these conditions.

The Board denied the veteran's increased rating for his service-connected low back disability, finding that it did not meet the criteria for a higher rating under either the old or new rating criteria. The veteran's current disability is rated at 20 percent.

The Board has reopened the veteran's claim of service connection for a lumbar spine disability, finding that new and material evidence was submitted. The Board determined that the veteran's current back problems are due to his service-connected right leg disability.

The veteran's claim for financial assistance in the purchase of an automobile or other conveyance is being remanded due to the need for further development, including a VA examination.

The Board finds that the veteran's back disability is related to service, resolving all reasonable doubt in favor of the veteran.

The veteran's appeal is being remanded for additional development of his claims, including obtaining updated medical records and scheduling him for VA examinations to assess the severity of his service-connected disabilities.

The Board denied the veteran's claim for service connection for a low back disability, finding that there was no current diagnosis of such a condition and noting that the pain alone without an identifiable underlying malady or condition did not constitute a disability for which service connection may be granted.

The Board denied reopening the veteran's claims for service connection due to lack of new and material evidence.