Back / lumbar spine decisions — 2005

The Board found that the veteran's current head, cervical spine, and lumbosacral spine disabilities are not shown to be causally related to a disease contracted or injury sustained in service, including his already service-connected left thigh injury. Therefore, they were denied secondary service connection.

The Board is remanding the case to obtain additional information about the veteran's disability benefits and to determine if new evidence has been submitted to reopen his claim for service connection for a lumbar spine condition.

The Board has denied the veteran's claims for service connection for right and left knee disorders, as well as her claim of service connection for a back disability. The RO in Waco, Texas initially denied these claims in August 1982 based on the absence of evidence showing a link between the claimed disabilities and active military service.

The veteran's degenerative disc disease of the lumbar spine is currently rated at 10 percent, and he seeks a higher evaluation. The Board found that his condition warrants a 20 percent rating based on moderate disability with recurring attacks.

The Board found no evidence of a chronic back injury or disability during service and denied the claim for service connection as there was insufficient medical evidence to link the current condition to service.

The Board denied the appellant's claims for service connection for various conditions, including tinnitus, neck disorder, right and left shoulder disorders, bilateral hip disorders, bilateral knee disorders, low back disorder, and headaches. The decision found no current diagnosis of tinnitus attributable to military service.

The veteran's PTSD was granted service connection based on credible evidence of his combat experiences. The other claims for shrapnel wounds to the legs and arthritis of the lumbar spine are being remanded for further development.

The Board has granted an increased rating of 20 percent for the veteran's service-connected degenerative arthritis of the spine with chronic thoracolumbar strain, effective September 22, 2003.

The veteran's claims for diabetes mellitus and a back disability were denied as there was no evidence of exposure to herbicides or service connection, respectively.

The Board has determined that additional development is needed to properly evaluate the veteran's low back disorder and asthma, including obtaining updated medical records and conducting further examinations. The case will be remanded for these purposes.

The Board denied the veteran's claims for increased rating and TDIU based on his service-connected lumbosacral strain with spondylolisthesis of L5, as there was no evidence that the condition resulted from VA medical care.

The Board has determined that the veteran's degenerative arthritis of the lumbosacral spine is at least as likely as not related to an injury sustained in service, and thus grants service connection for this condition.

The VA granted a 20 percent evaluation for degenerative disc disease of the lumbar spine, effective February 5, 2001. A separate 10 percent evaluation was assigned for neuropathy with weakness of the right lower extremity.

The VA denied an increased rating for the veteran's service-connected lumbar spine disability, finding that his limitation of motion did not exceed mild severity.

The veteran's right ankle disability, cervical spine disorder, headaches, and bilateral shoulder disability were all granted service connection. The right ankle was increased to a 20% rating.

The Board has remanded the case for additional development due to the need for medical records and information regarding a military hospitalization.

The veteran's service-connected lumbar spine intervertebral disc syndrome has been manifested by symptoms no greater than objective complaints of pain, subjective complaints of spasm, and clinical findings consistent with severe limitation of motion. Ankylosis, pronounced intervertebral disc syndrome with persistent symptoms compatible with sciatic neuropathy or intervertebral disc syndrome with incapacitating episodes having a total duration of at least six weeks during the past 12 months is not shown. The veteran's disability picture does not present an exceptional or unusual disability picture.

The Board has remanded the veteran's appeal due to a lack of consideration of lay statements and missing service medical records. The case must be returned for further development, including obtaining Army National Guard and Army Reserve medical and personnel records.

The veteran's claim for compensation under 38 U.S.C. § 1151 was denied as he did not incur additional disability, including nerve damage to the lumbar spine, as a result of surgery at a VA facility.

The Board has denied the veteran's claim of entitlement to service connection for a back disability, finding that it is not established as directly related to his military service.