Back / lumbar spine decisions — 2005

The Board denied service connection for a chronic headache disability and arthritis of the spine, both secondary to the service-connected residuals of a lumbosacral strain. The veteran's claim for petit mal seizures was also denied.

The Board has ordered the VA to obtain line of duty determinations for motor vehicle accidents in 1977. The veteran's claim for service connection for a back disorder and reopening his head injury with migraine headaches claims are both remanded for further development.

The veteran's claim for an increased evaluation of his low back condition is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board found that the veteran's current spinal disorders, including degenerative, osteoarthritic and psoriatic arthritis of the thoracic and lumbosacral spine, are not related to his April 21, 1964 injury in service. The claim was denied.

The veteran's initial increased disability ratings for her service-connected cervical strain with right shoulder involvement and chronic lumbar strain with degenerative disc disease secondary to trauma have been denied.,Her PTSD has also been denied an increased rating.

The Board has remanded the veteran's claims for further development, including obtaining medical opinions regarding the nature and etiology of his low back disability and gastrointestinal disorder.

The Board has determined that the veteran's current right knee and low back disabilities, including arthritis, are not related to service. The claims for service connection have been denied.

The VA has granted a 60 percent rating for the veteran's degenerative disc disease and joint disease of the lumbar spine, which is currently rated as lumbosacral strain. The maximum schedular rating under the old criteria.

The Board has granted service connection for peroneal tendinitis of the right leg, capsulitis and tendinitis of the left shoulder, myositis of the lumbar spine, internal derangement of the left knee, and arthritis of the left knee. The veteran's claims for increased initial ratings have been granted with a 40 percent rating for myositis of the lumbar spine.

The Board finds that the veteran's back disability, diagnosed as degenerative changes of the lumbar spine with radiculopathy, was incurred in his active duty service. The decision grants service connection for this condition.

The Board has determined that new and material evidence has not been submitted to reopen the claim for service connection for spina bifida occulta. The claims for low back strain and degenerative disc disease of the lumbar spine are adjudicated as separate issues.

The Board has remanded the case for further development and adjudication due to incomplete examination reports.

The Board has determined that the veteran's thoracic and lumbar spine disabilities warrant separate 10 and 40 percent ratings, respectively. The RO initially considered this claim under both sets of criteria but is now considering it under the revised criteria effective September 23, 2002, and September 26, 2003.

The veteran's service-connected low back disability was rated at 40 percent prior to July 5, 1996 and increased to 60 percent effective July 5, 1996. The appeal is denied as the claim for higher ratings is not supported by the evidence.

The Board denied service connection for seizure disorder, skin disorder, back disorder, and chronic liver disease in August 1999. The veteran's claim was not reopened because the new evidence received since then is cumulative or redundant of previous evidence.

The Board has determined that the veteran's current low back disorder is caused or aggravated by his service-connected shrapnel injury to the low back, and thus grants service connection for this condition.

The veteran's service-connected lumbar spine disability is currently rated at 20 percent, and the claim for an increased rating has been denied.

The Board denied the veteran's claims for increased ratings, finding that his lumbosacral spine disability did not meet or approximate the criteria for a higher rating under either the old or new VA rating schedules.

The Board has remanded the case due to a need for further VA examinations and development of evidence.

The Board has determined that the veteran's claimed right knee, left knee, and back disorders are not related to his active service. The evidence does not support a finding of in-service injury or disease for any of these conditions.