Back / lumbar spine decisions — 2005

The Board has determined that a timely notice of disagreement was not submitted within one year following the July 2000 rating decision, and thus the claim is dismissed.

The Board denied the veteran's claims for service connection for a back disability and headaches, finding that there was no competent medical evidence to support these conditions.

The Board has granted service connection for allergic rhinitis, finding that it first appeared during active military service and has continued to the present.

The veteran's claim for special monthly pension based on the need for regular aid and attendance or at the housebound rate was denied as he does not meet the criteria for either benefit.

The Board has granted an initial rating of 10 percent for the veteran's service-connected low back disability, effective January 21, 1992.

The Board denied the veteran's claims for service connection for various conditions, including cervical spine disability, low back disability, thoracic outlet syndrome, right hand disability, tendonitis of bilateral elbows, bilateral knee disorder, bilateral hearing loss, tinnitus, chronic fatigue syndrome (CFS), and carpal tunnel syndrome (CTS).

The veteran's low back disability with intervertebral disc syndrome is rated at 40 percent, effective from September 23, 2002. His right knee arthritis is rated at 10 percent.

The Board has denied the veteran's claim for service connection for a low back disability, finding that there is no evidence of chronic disability during active duty and no link to service.

The veteran's service-connected chronic coccydynia and allergic rhinitis have been granted ratings of 10 percent effective August 16, 2002. The veteran's limitation of motion of the lumbar spine is rated at 20 percent effective August 16, 2002.,The veteran's gastroesophageal reflux disorder has not been granted a compensable rating.

The Board has determined that the veteran does not have current diagnoses of a bilateral knee disorder or back disorder, and therefore service connection for these conditions is denied.

The Board has granted service connection for DDD of the lumbar spine and assigned a noncompensable rating, effective from February 1, 1999. The veteran's claim was received on February 1, 1999, which is considered his effective date.

The Board found that the veteran's back disability was not incurred in or aggravated by service and is not otherwise related to service. The claim for service connection was denied.

The Board has granted service connection for residuals of a broken left fifth toe and found that the veteran's current leg length discrepancy is related to her service-connected thoracic and lumbar spine disability. The claims for increased ratings for migraine headaches and condyloma are remanded due to procedural deficiencies.

The Board has determined that the veteran's claims for service connection for lumbosacral strain, thoracic spine strain, and right knee injury have been denied as new and material evidence was not received to reopen these claims.

The Board has determined that the veteran's service connection claims for anemia, low back disability, and bilateral pes planus are granted. The veteran had a current diagnosis of radiculopathy of the lumbosacral spine during military service, which is presumed to have been aggravated by service. Bilateral pes planus was noted on entrance into service but did not increase in severity during service.

The veteran's claim for service connection for degenerative disease of the lumbar spine is being remanded due to incomplete verification of a claimed in-service injury. The TDIU claim is also being remanded as it depends on the outcome of the service connection issue.

The Board found that the veteran's current acquired back disabilities, including Arnold Chiari malformation of the spine and degenerative disc disease, were not incurred in or aggravated by active service.

The veteran's claim for a higher initial evaluation for lumbosacral strain with degenerative disc disease is being remanded due to the need for additional development, including a VA examination and consideration of revised rating criteria.

The Board found that the veteran did not meet the criteria for service connection for bilateral hearing loss, tinnitus, or a back disability due to lack of evidence linking these conditions to his military service.