Back / lumbar spine decisions — 2005

The Board has determined that the veteran's claimed respiratory disorder, back disorder, and disorder of the feet are not related to his military service.

The Board denied the claim of service connection for a low back disorder, finding that there was no link between the veteran's current condition and his active duty service.

The Board denied a higher evaluation for the veteran's low back disability from March 13, 1998 to June 24, 1999. From June 25, 1999, the disability was rated at 40 percent.

The Board denied the veteran's claims for higher ratings for his right knee pain and degenerative disc disease of the cervical spine, finding that the preponderance of the evidence did not support a higher rating under the applicable criteria.

The Board found that the veteran's low back disorder did not originate in service and denied his claim for service connection.

The Board denied the veteran's claim for service connection for degenerative arthritis of the lumbar spine, finding insufficient evidence to link his current disability to his period of service.

The Board found no evidence of a low back disability in service or within the presumptive period, and concluded that any current low back disability is not related to service.

The Board has determined that the veteran's claims for service connection for stomach ulcers and a back disorder are denied as new and material evidence was not submitted to reopen these claims, and the current diagnoses do not meet the criteria for service connection.

The Board denied the appellant's claims for service connection for the cause of her husband's death and for DIC benefits under 38 U.S.C.A. § 1318, finding that his death was not proximately due to or the result of a condition incurred or aggravated during service.

The Board denied the veteran's claims for service connection for PTSD, panic attacks with depression, and chronic low back pain due to a lack of credible supporting evidence of in-service stressors and no competent medical nexus evidence linking these conditions to his military service.

The veteran's appeal is being remanded for additional development, including obtaining medical records and employment information. The case will be readjudicated after the additional development.

The claim for service connection of a fracture of the first lumbar vertebra was reopened, but secondary service connection for hip disability remains denied.,Hip disability is not attributable to service and arthritis of the hips was not manifest within one year of separation from service.

The Board has remanded the case for further development, including scheduling a hearing at the RO before a Veterans Law Judge.

The veteran's claim for an increased rating of his service-connected narrowing of the L5-S1 joint space with lumbosacral strain was denied. The RO found that the current evaluation (60%) adequately reflects the severity of his disability.

The veteran's claim for an increased rating for his service-connected discogenic disease of the lumbosacral spine is being remanded due to incomplete records and need for further examination.

The veteran's claim for special monthly compensation on account of need for aid and attendance due to service-connected disabilities is being remanded for further evaluation, including a comprehensive VA examination.

The Board denied an effective date earlier than September 3, 1992 for a 100 percent evaluation for the veteran's service-connected somatoform pain disorder with residuals of low back pain.

The Board denied the veteran's claims for higher initial ratings for her thoracic and lumbar spine disabilities, finding that the evidence did not meet the criteria for increased ratings.

The Board has determined that the veteran's lumbosacral strain with osteoarthritis is service-connected and warrants a 20 percent rating. The right knee disability, including instability, also meets the criteria for a 20 percent evaluation. However, arthritis of the right knee does not warrant an additional separate evaluation beyond the current 10 percent rating.

The veteran failed to report for scheduled VA examinations and did not respond to requests for information, resulting in the abandonment of his claim.