Back / lumbar spine decisions — 2005

The Board found that the veteran's current lower back disability is not related to his time in service and denied his claim for service connection.

The Board has remanded the case for additional development to obtain service medical records and VA treatment records, as well as to ensure compliance with the Veterans Claims Assistance Act of 2000 (VCAA).

The veteran's severe low back disability, including marked limitation of motion and chronic pain radiating into the lower extremities, warrants a 60 percent rating under Diagnostic Code 5295.

The veteran's lumbosacral strain is currently rated at 10 percent, and his PTSD has been granted a 100 percent rating effective January 11, 1989.

The Board found that the veteran's low back disorder was not incurred or aggravated during his military service and denied his claim for accrued benefits.

The Board has granted service connection for low back and neck disabilities, as well as dental trigeminal neuralgia. The initial evaluation of sinusitis is also granted at a 30 percent rating.

The Board found that the appellant's claimed conditions are not related to his active military service and denied all claims.

The Board has remanded the case for further development and examination, including a VA examination to determine if the veteran's current left shoulder disability is related to service. The issues of entitlement to service connection for ear, sinus, low back, neck, and depressive disorders are also being remanded.

The veteran's service-connected low back disability, which includes lumbosacral strain with degenerative joint disease and degenerative disc disease, is currently rated at 20 percent. The condition is manifested by limited thoracolumbar motion (but with forward flexion greater than 30 degrees), muscle spasm on motion, and chronic pain with increased pain and fatigability on use.

The veteran's claims for increased ratings for his service-connected right knee, left knee, and low back disabilities were denied. The RO found that the evidence did not support a higher rating for any of these conditions.

The Board denied the veteran's claims for service connection of a fracture of the coccyx and an increased evaluation for his service-connected fracture of the sacrum with post-traumatic degenerative changes and disc disease of the thoracic and lumbar spine. The veteran was not granted service connection for the coccyx, but his initial 20% rating for the sacrum condition remained unchanged.

The veteran's appeal is being remanded to obtain additional records, consider the amended rating criteria for spine disabilities, and schedule her for a VA examination to determine if she has a current jaw disorder related to service.

The Board has determined that the veteran's low back degenerative disc disease and skin disorder (cicatrix) are related to his military service, granting service connection for both conditions.

The Board found no evidence of a low back injury or disability during service, and the post-service medical records do not show a current low back disability until many years after service. The Board concluded that there is no nexus between any incident of service and the veteran's current low back disability.

The Board has denied the veteran's claims for service connection for spondylolysis of the low back and seizures, both secondary to Reiter's syndrome. The evidence does not support a current diagnosis of either condition.

The Board has determined that the veteran's claimed back injury is not related to service and has denied his claim.

The veteran's degenerative disc disease and arthritis of the cervical spine were not incurred in or aggravated by service, and may not be presumed to have been incurred during service.

The Board granted service connection for hypertension, right otitis media, and bilateral eustachian tube dysfunction. The claim for increased evaluation of lumbosacral disc disease at L4-L5 was denied as the findings did not meet criteria for a higher rating. The claim for an increased evaluation of reflux esophagitis, to include hiatal hernia, was granted with a 10 percent disability rating.

The veteran's claims for service connection and increased evaluations are being remanded due to the need for additional VA examinations, updated medical records from his recent period of active duty, and consideration of revised rating criteria.

The Board has determined that the veteran does not have a current hearing loss disability in his left ear, and thus cannot establish service connection for this condition. The back disorder and right shoulder disorder are also denied as there is no evidence of an in-service injury or disease.