Back / lumbar spine decisions — 2006

The Board has denied the veteran's claims for increased ratings and service connection, finding that he does not meet the criteria for higher disability ratings or additional disabilities. The veteran is currently receiving the maximum rating available for his muscle group XIX disability.

The Board has determined that the veteran's current lower back disability is not etiologically related to his service, and thus denied his claim for service connection.

The Board finds that the veteran did not suffer additional disability as a result of VA surgery, and any such disability was due to natural progression rather than negligence or error by VA.

The Board has granted increased ratings of 10 percent for each disability on appeal, effective from the original date of service connection.

The Board has determined that the veteran's service-connected low back disability is manifested by symptoms more closely approximating severe intervertebral disc syndrome with recurring attacks and intermittent relief. Therefore, a 40 percent rating is granted for this condition.

The veteran's claimed conditions are not service-connected as they are manifestations of his pre-existing dysthymia disorder.

The Board denied the veteran's claims for service connection for a lower back condition and a disability of the right hip, leg, and foot due to lack of evidence connecting these conditions with active duty or training.

The Board has determined that there is no competent evidence of current right shoulder, left shoulder, low back, right ankle, or left ankle disorders. Therefore, the veteran does not meet the criteria for service connection for any of these conditions.

The Board denied the veteran's claim for an earlier effective date of March 10, 1997, for service connection due to a lack of evidence within one year after his February 1954 claim was abandoned.

The Board denied service connection for a psychiatric disorder and granted a 20 percent rating for the veteran's lower back disability, effective from the date of the decision.

The Board found no evidence of a chronic lumbosacral spine disability or hearing loss in service, and the veteran's assertions regarding such were not supported by medical records. The Board denied all claims for service connection.

The Board denied the veteran's claims for service connection for a lumbosacral spine disorder, bilateral knee disorder, and chronic vestibulopathy. The claim for service connection for hearing loss was also denied.

The veteran's death was not service-connected, and he did not meet the criteria for DIC under 38 U.S.C.A. § 1318.

The Board has denied the veteran's claims for service connection for a skin condition due to ionizing radiation exposure and for an increased rating for bilateral foot plantar calcaneal spurs/chronic plantar fasciitis. The claim for service connection for a back disability was previously denied as not well grounded, but is now considered final.

The VA denied service connection for degenerative disc disease of the lumbar and cervical spine, finding no evidence that current disability is related to military service.

The Board denied the veteran's claims for increased rating for lumbosacral strain and service connection for a right hip disorder and residuals of a gastric disorder due to use of nonsteroidal anti-inflammatory medications, finding that his disability did not meet or approximate criteria for higher ratings under either the old or amended schedule for rating spine disabilities.

The Board has remanded the case to the RO for scheduling a Travel Board hearing. The veteran's request for a hearing before a Veterans Law Judge at the RO is pending.

The veteran's claim for an increased evaluation for his service-connected chronic myositis and strain of the lumbar paravertebral muscles is being remanded due to incomplete development. The case will be readjudicated with consideration of both old and new rating criteria pertinent to the spine, including whether the claim should be submitted to the Director of Compensation and Pension Service.

The Board denied higher initial evaluations for the veteran's lumbosacral strain and mucus retention cyst, finding that the evidence did not warrant a rating in excess of 20 percent.

The VA determined that the veteran's mechanical low back pain does not meet the criteria for a higher initial evaluation than 20 percent.