Back / lumbar spine decisions — 2005

The Board denied service connection for degenerative joint disease of the lumbar spine and knees, finding no current diagnosis and noting conflicting medical findings.

The Board has remanded the case for further development, including a VA examination to determine if the veteran's current low back condition is related to service.

The veteran's lumbosacral strain with status post L5-S1 laminectomy with fusion is currently rated at 40 percent, which is the maximum rating available under current criteria. The RO found that his condition does not warrant a higher rating based on severe limitation of lumbar spine motion without evidence of pronounced intervertebral disc syndrome or incapacitating episodes.

The Board denied the veteran's claims for an initial compensable rating for her low back disorder and service connection for her cervical spine disorder, finding that she did not meet the criteria for a higher rating based on the evidence of record.

The Board has determined that the veteran's current low back disability, described as spondylolysis at L-4 and L-5 with degenerative changes, was first manifested during service. Therefore, the claim for service connection is granted.

The veteran's service connection claim for chronic left biceps tendon rupture residuals was granted. The claims for the other conditions were remanded.

The Board has reopened the veteran's claim for service connection for a back disability and is granting it. The issue of entitlement to TDIU remains pending.

The Board has reopened the veteran's claim for service connection for a back disorder and PTSD. However, due to the lack of verified stressors related to his Coast Guard service, the claim for PTSD cannot be granted. The claim for service connection for a back disorder is remanded for further development.

The Board has determined that the veteran's death was not caused by a service-connected disability, and therefore denied the claim for service connection for the cause of the veteran's death.

The Board has determined that the veteran's diagnosed degenerative arthritis of the left knee, status post total knee replacement, and degenerative changes in the lumbar spine are proximately due to or the result of his service-connected right knee disability. As a result, the claim for secondary service connection is granted.

The Board denied an increased rating for lumbosacral strain and did not reach the other issues as they are not about service connection.

The veteran's claims for traumatic arthritis of the left side and lumbar spine disability were denied as there is no evidence showing a current disability related to service. The claim for a left shoulder disability remains pending due to incomplete records.

The Board has determined that the effective date for a 60 percent rating for lumbosacral strain and degenerative disc disease, L5-S1 cannot be earlier than July 14, 2000.

The VA determined that new and material evidence had not been submitted to reopen the veteran's claim for service connection for a low back disability, which was initially denied in May 2002.

The Board has determined that the veteran does not have a current low back disorder and there is no evidence linking any such disability to service. As a result, the claim for service connection for a low back disorder is denied.

The Board granted an effective date of November 22, 1994 for the assignment of a 60 percent rating for service-connected limitation of motion of the lumbar spine, status post surgery, with disc disease and neuropathy. The TDIU was also granted but not earlier than November 22, 1994.

The Board has determined that the veteran's current low back disorder was not incurred in or aggravated by military service, and thus denied his claim for service connection.

The Board denied the claim for service connection for the cause of the veteran's death, finding that his prostate cancer did not metastasize to his bladder and therefore was not a contributing factor to his death. The Board also found no evidence linking his causes of death to exposure to toxic herbicides.

The veteran withdrew his appeals concerning all issues on appeal, including increased ratings for service-connected traumatic arthritis of the lumbosacral spine, left hip, right knee, and left knee with fracture of the femur.

The Board has granted service connection for a low back disorder as secondary to the veteran's already service-connected left knee disorder. The claim is remanded for further development regarding an increased rating for the left knee disorder.