Back / lumbar spine decisions — 2005

The Board has determined that the veteran's service-connected lower back disability, characterized by pronounced intervertebral disc syndrome with persistent symptoms compatible with sciatic neuropathy and absent ankle jerk, does not warrant a rating in excess of 60 percent.

The Board has determined that the veteran's service-connected low back disability warrants a rating of 40 percent, effective from September 23, 2002.

The Board found that the veteran's cervical spine disability is not proximately due to or the result of her service-connected disabilities, including her gunshot wound and low back strain.

The Board has remanded the case due to insufficient evidence regarding service connection for various knee, shoulder, back, and hand disorders. The veteran is advised to provide records of his treatment in June 2005 and undergo an orthopedic examination.

The Board has determined that the veteran's claimed chronic back disability and bilateral knee disabilities are not service-connected, as there is no competent evidence linking these conditions to his military service. The claim for secondary service connection for a bilateral knee disability due to a back disability is also denied.

The veteran is seeking service connection for a chronic low back disorder that he believes is secondary to his already service-connected post-operative residuals of an osteochondral fracture of the right talus with anterior instability and arthritis. The case has been remanded due to conflicting opinions in the medical records regarding whether the low back problems are caused or aggravated by other service-connected conditions.

The Board has denied the veteran's claims for service connection for bipolar disorder, bilateral knee disability, and residuals of a low back injury. The claim for residuals of ankle sprains was reopened but not granted.

The Board has determined that there is no current medical diagnosis of residuals of exposure to asbestos, including asbestosis. The veteran's claim for service connection for a back disorder remains denied.

The veteran's claims for higher disability ratings for his service-connected lumbar spine and COPD conditions were denied. The RO found that the current ratings adequately reflect the severity of these disabilities.

The veteran's claim for a total disability rating based on individual unemployability (TDIU) was granted effective July 3, 2000. The Board found that the earlier date of entitlement is July 3, 2000, and denied an earlier effective date.

The Board denied the veteran's claims for service connection for chronic respiratory and low back disabilities, finding that his current conditions are not related to service or an undiagnosed illness.

The veteran's claim for SMC based on the need for regular aid and attendance or being housebound is remanded. The service connection claim for a low back disability, secondary to his service-connected psychiatric disorder, is also remanded.

The Board has determined that the veteran's claimed conditions are not service connected, with no exposure to herbicide agents and no evidence of a nexus between his current condition and military service.

The Board has determined that the veteran's service-connected post-operative lumbar laminectomy, L4-S1, warrants a 70 percent disability rating effective January 22, 2003.

The Board denied an extraschedular rating for the veteran's mechanical low back pain with residual muscle strain, as there was no evidence of marked interference with employment or frequent hospitalizations.

The veteran's acquired psychiatric disorder, including PTSD, was granted service connection. Sinusitis and a gastrointestinal disorder were denied as not related to military service. The low back disorder and headaches (muscle-contraction) were also denied.,Service connection for an acquired psychiatric disorder, specifically PTSD, was granted based on the presumption of exposure to combat.

The Board has denied service connection for pituitary adenoma, hearing loss, lumbar scoliosis (back pain), and hypertension. The veteran's claim for lumbar scoliosis is pending as the VA examination did not indicate if it was congenital or acquired.

The Board has remanded the case for additional development, including obtaining SSA and workers' compensation records.

The veteran has withdrawn his appeals for all issues developed for appellate consideration.