Back / lumbar spine decisions — 2006

The Board has determined that the veteran's current degenerative changes of the lumbosacral spine are a residual of an injury sustained on August 19, 1978, during INACDUTRA.

The Board has denied the veteran's claims for service connection for tinnitus, a low back disorder, and an acquired psychiatric disorder due to lack of evidence linking these conditions to his military service.

The Board denied service connection for a low back disability as secondary to a left knee disability and denied a rating in excess of 30 percent for residuals of a left knee injury.

The veteran's appeal is being remanded for further action, including scheduling a Travel Board hearing at the RO.

The Board denied service connection for Barrett's esophagitis with heartburn and granted service connection for residuals of an appendectomy including a scar, but found that the veteran did not timely file a substantive appeal on these issues.

The Board found that the veteran's preexisting developmental/congenital defects of kyphosis and scoliosis in his back were not aggravated by service, thus denying service connection for a back disorder.

The veteran's fibromyositis of the dorsal and lumbosacral muscles is rated at 40 percent effective February 9, 2005. His PTSD remains in controversy as he has already received a full award for service connection.

The Board granted an increased evaluation to 20 percent for lumbosacral strain with arthritis from August 2, 1999. The effective date is March 16, 2005.

The VA determined that the veteran's cervical spine disability does not warrant an evaluation in excess of 40 percent, as it did not meet the criteria for ankylosis or pronounced intervertebral disc syndrome with persistent symptoms compatible with sciatic neuropathy and little intermittent relief.

The Board has remanded the case to the RO for scheduling a videoconference hearing.

The Board found that the veteran's current low back disability is not related to his active duty service and denied his claim for service connection.

The Board has determined that the veteran's current back disorder, characterized as degenerative lumbar spondylosis and disc disease, was not incurred in or aggravated by active service. The Board also found no evidence of a preexisting condition worsening during service.

The Board has granted service connection for the residuals of a left shoulder injury, degenerative changes of the cervical spine, and degenerative disc disease of the thoraco-lumbar spine.

The Board denied service connection for degenerative arthritis of the lumbar spine, cervical spine, and hips due to lack of evidence linking these conditions to service.

The Board has determined that the veteran's service-connected right ankle and low back disabilities do not warrant initial disability evaluations in excess of 10 percent.

The Board found that the veteran's low back strain did not meet the criteria for a rating in excess of 10 percent, as it was attributed to other conditions such as degenerative disk changes and congenital spinal stenosis.

The Board denied the veteran's claims for service connection for major depression, increased evaluations for bladder disorder and lumbar spine disability, and a compensable evaluation for hemorrhoids. The veteran's heart disorder claim was not addressed due to its separate status.

The Board has denied the veteran's claims for service connection for lumbar disc disease with lower extremity radiculopathy and an increased rating for low back strain, finding that there is no evidence linking these conditions to service or service-connected disabilities.

The Board has determined that the veteran's low back and bilateral hip disorders are at least as likely as not related to his service-connected left knee injury, granting service connection for these conditions.

The Board found that the veteran's low back, bilateral hip, left knee, and bilateral foot disabilities are not related to his service-connected right knee disability. The psychiatric disability (Major Depression) is considered a separate issue from the service-connected right knee disability. Service connection for fibromyalgia was also denied.