Back / lumbar spine decisions — 2005

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claim of service connection for a back condition, which was previously denied in September 1979. The decision is denied.

The veteran's claim for an earlier effective date for nonservice connected pension was denied as there was no informal or formal claim filed prior to the May 15, 2001 application. The RO assigned March 27, 2001 as the effective date based on VA treatment records starting from that date.

The veteran's claims for service connection for a right foot disability and a low back disability are being remanded due to the need for additional VA examinations and consideration of new evidence.

The veteran withdrew his appeal regarding the service connection for residuals of low back trauma.

The veteran's claim for glaucoma was denied as there is no evidence of current disability.,New and material evidence has not been submitted to reopen the skin disorder claim, including as due to herbicide exposure. The existing evidence does not raise a reasonable possibility of substantiating the claim.

The Board denied the veteran's claims for higher initial evaluations and service connection for various conditions, including lumbar strain, right and left shin splints, a right hip disability, a left shoulder disability, a left knee disability, and hepatitis B.

The Board has remanded the case for additional development due to the need for VA examinations and retrieval of pertinent records.

The VA denied the veteran's claims for service connection for PTSD, Parkinson's disease, a back disability, and a skin disability. The denial is based on the lack of evidence supporting these conditions as being related to active military service.

The veteran's initial ratings for his service-connected lumbar and thoracic spine disabilities, as well as the associated radiculopathy in both lower extremities, are being remanded due to a need for issuance of a Statement of the Case.

The veteran's right ear hearing loss is granted, and the RO must readjudicate all other claims. Additional development may be needed for some of these claims.

The Board denied the veteran's claims for service connection for peptic ulcer disease and low back disability, finding that no new and material evidence had been submitted to reopen these claims.

The veteran's claims for service connection for gastroesophageal reflux disease and initial compensable disability ratings for residuals of a right foot injury, degenerative disc disease of the thoracic spine, and adjustment disorder with a mixed mood were denied. The veteran was granted increased disability ratings for his service-connected degenerative disc disease of the thoracic spine and adjustment disorder with a mixed mood.

The veteran's postoperative bilateral fusion of the lumbar spine L4 to S1 with severe loss of motion, levoscoliosis, with spondylolisthesis grade I and degenerative arthritis is rated at 60 percent. The TDIU claim is also granted.

The Board denied the veteran's claims for service connection for various spine, shoulder, foot, and ankle disabilities. The appeals were based on direct evidence of these conditions without any presumption or secondary service connection.

The Board has determined that the veteran's back disorder is service-connected, with no presumption or secondary connection involved. The decision also notes that not all of his current back disability can be reasonably related to his limited period of service over 30 years ago.

The Board found no evidence linking the cause of the veteran's death to any service-connected condition, resulting in a denial of the claim.

The Board denied the veteran's claims for increased evaluations for his degenerative joint disease of the lumbar and cervical spines, finding that the evidence did not meet the criteria for a higher evaluation.

The Board has assigned a 60 percent rating for the veteran's service-connected cervical degenerative disc disease, effective from September 23, 2002, based on the revised criteria in effect at that time. The current rating is higher than what was previously granted.

The Board found that the veteran's low back disorder was not incurred in or aggravated by active service and denied his claim.

The veteran's low back disability and associated neurological symptoms are currently rated at the maximum available rating, with no further increase in evaluation possible.