Back / lumbar spine decisions — 2005

The Board of Veterans' Appeals has determined that the veteran's bilateral ankle and foot disorder, including pes planus, did not pre-exist service or become permanently aggravated by service. The low back strain was also not incurred during active military service.

The Board has determined that the veteran does not have any service-connected conditions.,There is no evidence of a current disability for renal cancer, bilateral hearing loss, tinnitus, or knee disorder. The low back disorder was diagnosed many years after service.

The Board has determined that the veteran's service connection claims for residuals of head trauma and degenerative disc disease of the cervical spine are granted, with the presumption of service connection due to combat involvement.

The veteran's claim for an earlier effective date for service connection of PTSD was granted, with the effective date set at April 4, 2002.

The Board has reopened the veteran's claim of entitlement to service connection for low back disability and found that new and material evidence had been submitted. The case is remanded for further development.

The Board found that the veteran's degenerative changes (arthritis) of the lumbosacral spine and arthritis of major joints, to include knees, shoulders, and wrists, were not incurred as a result of an incident of active service nor as a result of a service-connected disability.

The Board denied service connection for a low back disorder due to the veteran's failure to report for a necessary VA examination. The claim for cold injury to the feet was also denied as there is no current diagnosis of any residuals.

The Board has determined that the veteran's service-connected disabilities do not preclude him from obtaining and retaining all forms of substantially gainful employment consistent with his education and work experience, thus denying the claim for a total evaluation based on individual unemployability.

The Board denied an initial evaluation in excess of 60 percent for the veteran's herniated nucleus pulposis with degenerative disc disease of the lumbar spine, effective January 27, 1999.

The Board has determined that the veteran's current low back disability is not related to his military service and therefore denied his claim for service connection.

The Board has granted a 50 percent evaluation for migraine headaches, finding that the appellant's headaches occur six to ten times each month and require bed rest of several hours' duration for recovery. The claim for osteoporosis of the lumbar spine with degenerative changes at disc spaces L5-S1 remains pending.

The veteran's claims for increased evaluations for his lumbosacral and cervical spine disabilities are being remanded due to the need for additional medical records and examination.

The Board denied the veteran's claims for service connection for DDD of the lumbar spine and a skin disorder, finding no new and material evidence to reopen the previously denied claims. The claim for an increased rating for residuals of right foot fracture is remanded.

The Board denied the veteran's claims for service connection for degenerative disc disease of the cervical spine and an increased evaluation for bilateral hearing loss. The veteran's cervical spine disability was not shown to be related to service or a service-connected condition, while his bilateral hearing loss was evaluated at 10% based on VA audiometric evaluations.

The Board found no evidence of current left knee, right knee, or low back disabilities and denied the veteran's claims for service connection.

The Board finds that the veteran's current left knee disability is not related to his military service or a service-connected condition. The issue of whether new and material evidence has been received to reopen a claim for back disability is remanded.

The Board has found new and material evidence to reopen the veteran's claim for service connection of a low back disability. The case is remanded for further development, including a VA examination.

The VA denied the veteran's claims for increased ratings for his low back disability and right lower extremity radiculopathy, finding that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The veteran's claim for an increased evaluation of his low back disability was denied. The VA examiner found that the veteran had limited range of motion in his lumbar spine, but no significant neurological deficits or incapacitating episodes during the past year.

The veteran's initial rating for his left foot fracture was denied, and a higher rating of 30% is granted starting February 1, 2002. Service connection for PTSD remains denied. The claim for service connection on the secondary basis for the left knee disability has been reopened.