Back / lumbar spine decisions — 2006

The veteran's service-connected low back disability has been rated at 20 percent since September 1, 1995. After a recent surgery in February 2005, the Board has determined that an initial evaluation of 40 percent is warranted for severe limitation of motion due to pain. Additionally, the veteran's right lower extremity radiculopathy has been rated at 10 percent since December 1995.

The veteran's service-connected low back disability was characterized by mild intervertebral disc syndrome and slight limitation of motion prior to September 30, 2005. As of that date, the disability is currently productive of forward flexion of the thoracolumbar spine to 40 degrees.

The Board has determined that the veteran's low back disability and claimed migraine headaches are not related to his military service, and therefore denied both claims.

The veteran's claims for service connection for bilateral hearing loss, bilateral knee disabilities, and a low back disorder have been remanded by the Board due to an incomplete rating decision. The issues will be returned to the RO for further action.

The Board denied the veteran's claim to reopen his service connection for a back disorder, finding no new and material evidence. The decision also noted that the veteran did not submit any medical nexus opinion connecting in-service symptoms to current disability.

The Board denied the veteran's claims for increased rating for bilateral hearing loss and service connection for heart disease and back disability, finding that the evidence did not meet the criteria for an increased rating or service connection.

The Board has determined that the veteran does not have current diagnoses of low back, right foot, or left foot disabilities and thus cannot establish service connection for these conditions.

The VA denied the appellant's claims for increased ratings for his cervical and lumbar spine disabilities, as well as his claim for TDIU. The appeal regarding service connection for PTSD was also denied.

The Board granted an evaluation of 40 percent for the veteran's degenerative joint disease of the lumbar spine, finding that his severe limitation of motion met the criteria for this rating.

The veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and scheduling a new examination of his back disability. The claims will be re-adjudicated after the requested development has been completed.

The Board has determined that additional development is necessary for the veteran's service connection claims for knee, low back, and neck disabilities due to potential errors in the examination reports and lack of review of relevant medical records.

The veteran's appeal is being remanded for additional development and review of his claims for earlier effective dates.

The veteran's service-connected allergic rhinitis is not presumed to have been incurred due to Agent Orange exposure. The veteran was granted a non-compensable rating for bilateral hearing loss and a 20% rating for chronic mechanical low back pain secondary to degenerative disc disease of the lumbosacral spine.

The Board denied service connection for a low back disability and asthma, finding no evidence linking these conditions to the veteran's active duty service. The claim for tinea pedis was granted with an initial noncompensable evaluation.,Service connection for a low back disability was not established as it is unrelated to service or his service-connected knee disabilities. Service connection for asthma was also denied due to lack of evidence linking the condition to service.

The Board has determined that the veteran's claimed conditions, including degenerative disc disease of the cervical and lumbar spine, left wrist disability (residuals of a fractured left wrist), and right elbow disorder (epicondylitis), were not incurred or aggravated by active service. The evidence does not establish a link between these conditions and his military service.

The veteran's appeal is being remanded due to her failure to report for a scheduled hearing. The case will be returned to the RO for further action.

The veteran's claim for vocational rehabilitation benefits is being remanded due to the need to adjudicate his newly raised issues, including an increased rating for right knee disability and service connection claims. The appeal will be returned to the Board after these issues are addressed.

The Board found that the veteran's back condition was not incurred in or aggravated by active service and denied his claims for service connection.

The Board has determined that there is no competent evidence showing the veteran currently suffers from any of the claimed conditions, and thus service connection cannot be established for a stomach disorder, left eye disorder, left ankle disorder, or low back disorder.

The veteran's low back disability, including intervertebral disc syndrome and traumatic arthritis, does not warrant a rating in excess of the initial 10 percent assigned.