Back / lumbar spine decisions — 2005

The Board has determined that the veteran's right knee disorder and back disorder are service-connected. The right knee disorder is considered to be a first manifestation of pre-existing injury, while the back disorder may be secondary to his service-connected right shoulder disorder.

The veteran's degenerative arthritis of the lumbar spine is granted service connection. Parkinson's disease, hand and body tremors (not related to Parkinson's), and an acquired psychiatric disability are denied as not incurred in or aggravated by service.

The Board finds that the veteran's service connection claim for residuals of a herniated lumbar disc is granted, as it was incurred during military service.

The Board denied the veteran's claims for service connection for various disabilities, finding that there was no current existence of these conditions and that they were not incurred in or aggravated by active service.

The Board denied the veteran's claims for service connection for bilateral hearing loss, tinnitus, and a low back disorder due to lack of evidence showing current disability in the right ear as defined by VA regulations.

The Board has denied the veteran's claim for an increased rating for his lumbosacral strain, currently evaluated at 20 percent.

The veteran's prostate cancer and asthma were not found to be related to herbicide agent exposure in service. Service connection for chronic bronchitis, arthritis of the cervical spine, arthritis of the lumbar spine, and arthritis of the shoulders was also denied.

The Board has determined that new and material evidence has been received to reopen the veteran's claim of service connection for a low back disability, which was previously denied. The case is now remanded for further development.

The veteran's service-connected chronic lumbosacral strain warrants a 40 percent evaluation, the maximum available under VA rating criteria. The claim for total disability based on individual unemployability due to service-connected disability is granted.

The RO denied service connection for lumbar spine post-traumatic arthritis because new and material evidence had not been received to reopen the claim. The veteran requested a Board hearing, which has now been scheduled.

The Board denied the veteran's claims of service connection for various conditions, finding that there was no evidence to support a link between his current disabilities and his military service.

The veteran withdrew his appeal before a decision was made.

The veteran's service-connected chronic low back strain and right knee disability were evaluated, but the RO denied his claims for increased ratings. The RO found that the veteran did not meet the criteria for a compensable rating at any point.

The Board has denied the claims for service connection for a lumbar spine disorder and a right knee disorder, finding no evidence linking these conditions to service.

The Board denied increased ratings for the veteran's service-connected left ankle and back disabilities as a matter of law due to his failure to appear for VA examinations scheduled in connection with his claims.

The Board denied the veteran's claims for increased ratings for his service-connected lumbar and cervical spine disabilities, as well as his right shoulder and left shoulder separation disabilities. The RO had previously increased some of these ratings but the veteran continued to assert entitlement to higher ratings.

The veteran's service-connected degenerative arthritis of the lumbar spine is found to be sufficiently severe to prevent him from engaging in any substantially gainful employment, including sedentary work. The Board grants a total disability rating based on individual unemployability (TDIU) due to this condition.

The veteran's low back disability was initially rated as noncompensable prior to November 1, 1995 and subsequently increased to a 20 percent rating effective November 1, 1995.

The Board has determined that the veteran's bilateral ankle disorder, left knee disorder, low back disorder, and arthritis of the right hip are all service-connected due to their relationship with his pre-existing Perthes' disease.

The veteran's service-connected lumbar spine disability is currently rated at 10 percent, and the Board has determined that a higher rating of 20 percent is warranted based on moderate limitation of motion.