Back / lumbar spine decisions — 2005

The veteran's claims for service connection for various conditions, including a right shoulder disorder, arm disorders, hip disorders, back and leg disorders, tinnitus, hearing loss, abdominal issues, penile numbness, and skin disorders related to herbicide exposure, were denied as there is no current medical evidence of these conditions. The veteran sustained fractures of his left ribs during INACDUTRA in 1991.

The Board has determined that the veteran does not have current sinusitis, right shoulder disability, or right knee disability. The residuals of a left fifth metatarsal fracture and lumbosacral strain are resolved with surgeries and no current disabilities are noted.

The Board found that the veteran's cervical spine, low back, and chronic headache disabilities were not incurred in or aggravated by active service. The VA examiner did not provide an opinion linking these conditions to military service.

The veteran's service-connected lumbar degenerative disc disease is rated at 40 percent, which was increased to 60 percent effective September 23, 2002.

The Board denied the veteran's claim for an increased disability rating in excess of 40 percent for his service-connected intervertebral disc disease of the lumbar spine, finding that the evidence did not meet the criteria for a higher rating under either the old or new rating criteria.

The veteran's service-connected disabilities have resulted in loss of use of both lower extremities, requiring specially adapted housing.

The VA denied the veteran's claims for increased ratings for his service-connected lumbar degenerative disc disease and osteoarthritis of the right foot. The evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board found no evidence to support the veteran's claims of additional disability resulting from VA treatment for a March 1999 fracture of the right ankle, and thus denied her claims under 38 U.S.C.A. § 1151.

The Board has remanded the case for further development, including obtaining additional medical records and conducting VA examinations to evaluate the veteran's lumbar spine disability and any left leg disability. The veteran's claim will be reconsidered based on the new rating criteria that became effective in September 2003.

The Board has determined that the veteran's intervertebral disc syndrome of the lumbosacral spine warrants a 40 percent evaluation, effective September 26, 2003.

The Board denied the veteran's petition to reopen his claim for service connection for a low back disorder, finding that the additional evidence submitted since the previous denial was not new and material.

The veteran's claim for an evaluation in excess of 10 percent for his service-connected low back pain with marginal spinal stenosis is being remanded due to the need for additional development, including a VA examination and consideration of new treatment records.

The Board has reopened the claim of service connection for a low back disorder based on new and material evidence. Service connection is granted for PTSD.,Service connection was denied for residuals of pneumonia.

The case is being remanded for additional development of the medical evidence, including obtaining service medical records and scheduling VA examinations to determine if the veteran's claimed disabilities are related to his military service.

The veteran's claims for higher ratings on appeal were denied. The denial of service connection for hyperthyroidism, endometriosis, and fibromyalgia was also noted.

The veteran's service-connected lumbar spine disability was increased to a 40 percent rating effective May 28, 2004. The claim for eye disability (diabetic retinopathy) is denied.

The Board has reopened the claim of service connection for a low back and right knee disability, finding new and material evidence. The veteran's current disabilities are not shown to be related to her active service or any service-connected condition.

The Board has determined that the veteran does not have a current low back disorder and therefore, service connection for this condition is denied.

The Board has denied the veteran's claims for service connection for a skin disorder, bilateral knee disorder, and fatigue. The claim for back disorder is pending as it was not addressed in this decision.

The Board has determined that the veteran's current low back disorder, identified as degenerative disc disease, is causally related to service and grants service connection for this condition.