Back / lumbar spine decisions — 2005

The Board has determined that the veteran's claims for service connection for a low back disability and colon polyps have not been reopened due to lack of new and material evidence. The veteran's allergic rhinitis is currently rated as 0 percent disabling, and his irritable bowel syndrome remains at 10 percent.

The veteran's service-connected low back injury with spondylolisthesis at L4-5, herniated disc at L4-5 and L5-S1, and sacroiliac joint dysfunction is currently rated as 20 percent disabling. The RO found that the disability picture more nearly approximates the criteria for a 20 percent rating.

The Board denied the veteran's claims for service connection for a right hand/wrist condition, headaches, and discogenic disc disease with mild lumbar spondylosis. The evidence did not support a finding of in-service injury or chronic disability.

The veteran's low back disability, characterized by mechanical pain and degenerative disc disease at L4-S1, is currently rated as 20 percent disabling. The Board found that the condition does not warrant a higher rating based on current symptoms.

The Board has determined that a timely notice of disagreement was filed regarding the denial of restoration of a 60 percent rating for the veteran's service-connected lumbar spine disability. The case is now remanded to consider whether the veteran is entitled to this rating.

The Board denied the veteran's claims for increased ratings for his right knee and low back disabilities, finding that the evidence did not warrant a rating in excess of the current assigned ratings.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a low back disorder. The veteran's PTSD is found to be due to stressors experienced during his active service in Vietnam, and thus service connection is granted.

The Board has dismissed the appeal due to the veteran's death.

The Board found that the veteran's intervertebral disc syndrome did not meet the criteria for a rating in excess of 20 percent during the period from December 23, 1988 to April 28, 1991.

The veteran's claim for an increased evaluation of his service-connected low back disability is being remanded due to the need for additional evidence and a VA examination.

The veteran's right and left inguinal hernias have been rated at 10 percent each since August 1998. Effective February 5, 2001, the RO increased his rating for bilateral inguinal hernias to 20 percent.,Effective February 5, 2001, the veteran's chronic low back pain is rated at 10 percent.

The Board denied service connection for arthritis of the left knee and a low back disorder, but granted service connection for diabetes mellitus with a 20 percent rating.

The Board denied the veteran's claims for service connection for residuals of frostbite of a left toe and an increase in his rating for low back disability. The veteran does not have current residuals of frostbite of a left toe, and there is no evidence to support a grant of service connection for this condition. For his low back disability, the Board found that the preponderance of the evidence was against a higher rating.

The Board has reopened the veteran's claim for service connection for residuals of a back injury and determined that new and material evidence has been submitted. The Board also concluded that the criteria for service connection have been met, associating the current degenerative disc disease and degenerative joint disease of the lumbar spine with an injury sustained in military service.

The veteran's unauthorized medical treatment from September 30 to October 2, 2001 was paid by Medicare and there is no balance due. Therefore, the claim for payment or reimbursement of this cost is denied.

The VA denied the veteran's claim for service connection due to a lack of medical evidence linking his current condition to his military service.

The Board has withdrawn the veteran's appeals for head injury, headaches with dizziness, major depressive disorder and cognitive disorder with memory loss, and residuals of electrical shock. The claim for service connection for a low back disability is reopened due to new evidence submitted by the veteran.

The veteran's claims for service connection were denied across multiple issues, including his psychiatric disorder, diabetes mellitus, retinopathy, peripheral neuropathy of the lower extremities, right knee disorder, left knee arthritis, lumbar spine condition, cervical spine condition, lung disease (asbestosis), and hypertension. The Board found that new evidence did not reopen his claim for an acquired psychiatric disorder but denied all other claims.

The veteran's claims for service connection for back and knee disorders are being remanded due to incomplete National Guard records. The RO is instructed to verify the veteran's service in the National Guard, request his medical and personnel records from relevant units, and determine if service connection can be granted.

The Board denied service connection for the veteran's back disability, left wrist disability, and asthma. The decision is final as these claims were previously denied in January 1996.