Back / lumbar spine decisions — 2005

The Board has denied the veteran's claims for service connection for residuals of a right index finger sprain and mild dextroconvex scoliosis of the thoracic spine and upper levoscoliosis of the low back, finding that there is no evidence of current disability related to these conditions.

The Board has determined that there is insufficient evidence to support the veteran's claims for service connection of back disability, bilateral elbow and ankle disabilities, and left knee disability. The appeals are denied.

The Board denied the veteran's claims for an increased evaluation for his service-connected degenerative joint disease of the lumbosacral spine, with spinal stenosis and entitlement to a total rating for compensation purposes based on individual unemployability due to service-connected disability.

The Board has remanded the veteran's claims due to the need for additional VA treatment records and Social Security Administration medical records.

The Board denied the veteran's claims for service connection for a cervical spine disorder, back disorder, and depression. The claim for increased evaluation of thoracic outlet syndrome was also denied.

The veteran's lumbar spine arthritis was found to be moderate from the initial date of claim in February 22, 1999. However, an evaluation in excess of 40 percent is not warranted as of January 22, 2005.

The veteran's claim for an increased evaluation of his lumbar muscle strain, post-operative right L-5 lumbar disc excision, and degenerative joint disease is being remanded due to the need for additional examinations.

The Board found that the veteran's degenerative disc disease of the lumbosacral spine was not incurred in or aggravated by service and may not be presumed due to military service. The claim was denied as there is no medical evidence linking his current condition to his military service.

The Board granted a 40 percent evaluation for lumbosacral strain and found the appellant meets the schedular criteria for TDIU.

The Board has determined that service connection is not warranted for a chronic back disability other than arthritis of the lumbar spine, arthritis of the shoulders, and arthritis of the lumbar and cervical spine. The veteran's claims are denied.

The Board is remanding the veteran's claims for new and material evidence, service connection, and evaluation issues due to outstanding records and inadequate medical assessments.

The veteran has withdrawn all issues from appeal, including those related to increased ratings and service connection. The Board does not have jurisdiction to review the appeal as it is dismissed.

The veteran's recurrent lumbosacral strain with narrowing at L4-5 does not meet the criteria for a higher disability rating, as it has not resulted in intervertebral disc syndrome or incapacitating episodes of six weeks or more during the past year.

The Board has remanded the case for additional development, including obtaining service medical records and any relevant SSA records. The veteran's claim of service connection for a chronic low back disability is being reviewed.

The Board found that the veteran's service-connected lumbosacral strain, with residuals L4-5 bulging disc with discectomy and residual radiculopathy and severe spinal stenosis at L5-S1 has not presented such an exceptional or unusual disability picture as to render impractical the application of the Schedule for Rating Disabilities. Therefore, the claim for a higher evaluation was denied.

The Board has granted service connection for right ear hearing loss due to acoustic trauma incurred in wartime service. The claim for low back disability remains denied as new and material evidence was not submitted.

The Board has decided that the VA examination report is inadequate and needs to be supplemented with additional information. The veteran's claim for service connection for a back disorder will be remanded for further action.

The veteran's claim for service connection for a low back disability is being remanded due to the need for additional development, including obtaining SSA records and treatment reports from chiropractors.

The Board denied the veteran's claims for service connection for a low back disability and a left hip/left knee/left leg condition, finding no new and material evidence to reopen the claims. The Board also found that these conditions were not related to the veteran's active duty service or his service-connected postoperative residuals of a pilonidal cyst.

The Board found that the veteran's spondylolysis existed prior to service and was not aggravated by active service. The currently demonstrated low back conditions are due to aging, congenital anomalies, or degenerative changes unrelated to service.