Back / lumbar spine decisions — 2005

The Board denied service connection for cerumen impaction of both ears, residuals of a left eye injury, hypertension, lumbosacral spine disability (claimed as secondary to service-connected left ankle fracture), bilateral knee condition (claimed as secondary to service-connected left ankle fracture), and right ankle disability (claimed as secondary to service-connected left ankle fracture). Service connection was not granted for allergic rhinitis.

The Board found that there was no causal relationship between the veteran's active military service and his current back disability, thus denying the claim for service connection.

The Board denied the appellant's claims for service connection of a psychiatric disorder, low back disability, and right knee disability. The claim to reopen the psychiatric disorder was denied due to lack of new and material evidence. Service connection for both the low back and right knee disabilities were also denied as there is no medical evidence linking these conditions to service.

The Board denied service connection for low back, bilateral knee, and left hip disorders due to lack of evidence showing their onset during or shortly after military service.

The veteran's claims for service connection were denied as there was no evidence of a disability in service or within one year following service, and the Board found that any current disabilities are not related to service.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a spine examination. The veteran's claim for an increased rating for osteochondrosis of the thoracolumbar vertebrae, Scheuermann's disease remains pending, as does his service connection claim for degenerative disc disease of C2-C6 with mild disc bulging.

The veteran's appeal for a total disability evaluation based on individual unemployability due to service-connected disabilities is being remanded because the issues of service connection for residuals of a left leg fracture and for the residuals of a low back injury, postoperative as secondary to or caused by service-connected enucleation of the left eye are inextricably intertwined with the TDIU issue.

The Board has granted the veteran's application to reopen his previously denied claim of entitlement to service connection for a low back disability. The reopened claim will require additional development and is the subject of the remand appended to this decision.

The veteran's application for nonservice-connected pension benefits was granted as of June 18, 2002. The effective date cannot be earlier than this date due to the criteria for permanent and total disability not being met prior to that time.

The VA denied the veteran's claim for a rating in excess of 20 percent for his service-connected dorsolumbar paravertebral myositis, finding that it did not meet the criteria for such an increase.

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

The Board has determined that the veteran's preexisting lumbarization at S1 and related mechanical low back pain is due to disease or injury that was aggravated by service, thus granting service connection.

The veteran's service-connected lumbosacral strain disability is currently rated at 40 percent, the maximum schedular rating under Diagnostic Code 5295. The claim for a higher rating was denied as he did not demonstrate pronounced intervertebral disc syndrome or incapacitating episodes of intervertebral disc syndrome.

The veteran's claims for service connection for low back injury and PTSD have been denied, and the case is being remanded to schedule a Travel Board hearing.

The Board has denied the veteran's claims for service connection for a low back disability and bilateral shin disability, finding that there is no evidence of such disabilities during or within one year after his military service.

The Board has determined that the veteran's lumbar spine disc disease is aggravated by his service-connected right knee disability, and thus grants service connection for this condition.

The Board denied the veteran's claims for increased evaluations for chronic lumbosacral strain and fungal infection of the feet, finding that there was no evidence of record to support higher evaluations based on the current medical evidence.

The Board found that the veteran's dorso-lumbar strain is asymptomatic and does not have current symptomatology attributable to his service-connected disability. As a result, the claim for an increased rating was denied.

The Board has determined that the veteran's lumbar degenerative disc disease does not warrant a rating in excess of 20 percent at any time during the pendency of this appeal.

The Board has granted a 40 percent evaluation for the veteran's lumbosacral strain with arthritis and disc space narrowing of the lumbar spine with S1 radiculopathy, effective February 14, 2001.