Back / lumbar spine decisions — 2005

The Board found no evidence of a present right leg disability resulting from the in-service muscle injury and denied service connection for both the right leg muscle injury and the low back condition as secondary to it.

The Board denied service connection for bilateral hearing loss, tinnitus, and a low back disorder. The veteran's right ear hearing loss and tinnitus are not related to his period of active service.

The veteran's claims for service connection for various conditions, including pinguecula of the eyes and old soft tissue trauma of the posterior scalp, were denied. The Board found no current disabilities related to these issues.

The veteran is seeking service connection for a claimed back disorder. The Board has remanded the case for additional development, including obtaining medical records and arranging another VA examination.

The Board has determined that the veteran does not have a current left foot disability related to service and his cervical spine degenerative disc disease is not shown to be directly related to service. Therefore, both claims for service connection are denied.

The veteran's low back disability was initially rated at 20 percent, and the Board has now determined that a higher rating of up to 40 percent is warranted since May 4, 2005.

The Board denied the veteran's claims for service connection for headaches, sinusitis, neck disability, back disability, and left foot disability as there is no current evidence of these conditions or a relationship to military service.

The Board has determined that the veteran's cervical spine disability warrants a single 40 percent evaluation, effective September 23, 2002.

The veteran's claim for a higher rating for her low back disability is being remanded due to the need for updated medical evidence and an examination under both old and new rating criteria.

The Board denied the veteran's claim for service connection for a cervical spine disorder, including degenerative disc disease (DDD), finding that there was no objective evidence of an injury to the neck in service. The new evidence submitted since the September 1979 decision does not establish a direct or secondary relationship between the veteran's current condition and his military service.

The Board has determined that new and material evidence has not been submitted to reopen the claims of service connection for a back disorder and a kidney disorder. The claim for an increased rating for generalized anxiety disorder is also denied.

The Board has determined that the veteran does not have a current diagnosis of PTSD, and his back, right ankle, left ankle, or pulmonary disorders are not shown to be related to events during active service. Therefore, these claims for service connection are denied.

The veteran was awarded a 60 percent evaluation for lumbosacral strain effective March 29, 2001 and TDIU effective May 9, 2001. The RO assigned earlier effective dates based on the evidence of record.

The veteran's service-connected conditions do not meet the criteria for a certificate of eligibility for financial assistance in the purchase of an automobile and adaptive equipment or for adaptive equipment only.

The veteran's combined evaluation for nonservice-connected disabilities is 50 percent disabling, which does not meet the criteria for a pension award. The RO found that the veteran was not unemployable due to his current nonservice-connected conditions and therefore denied his claim.

The Board granted a 40 percent rating for the lumbosacral/dorsal spine disability effective from June 8, 2000.

The Board denied the veteran's claims of service connection for a low back disorder, temporomandibular joint disease with headaches, and a left knee disorder. The claim for reopening his bilateral foot disorder was also denied.

The Board denied the veteran's claims for service connection for arthritis of hands and feet, back disability, and granted a rating of 50% for bilateral pes planus. The claim for back disability was not reopened due to lack of new and material evidence.

The Board denied the veteran's claims for service connection for a back disability, left knee disability, and appendectomy residuals. The evidence did not raise a reasonable possibility of substantiating these claims on the merits.

The Board denied the reopening of a claim for service connection for a disability of the lumbar spine, finding no new and material evidence to support the claim.