Back / lumbar spine decisions — 2006

The veteran's cause of death was listed as diffuse large cell lymphoma of the testicle. Service connection for his lumbosacral strain with degenerative changes and residuals of right nephrectomy was granted, but service connection for the cause of death due to lymphoma was denied.

The VA denied the veteran's claim for a higher evaluation of his service-connected status post transverse spinous process fracture, currently rated at 20 percent. The disability is characterized by moderate decrease in range of motion with pain but without severe loss of range of motion.

The Board has reopened the claims for a low back disorder and gastrointestinal disorder, but denied reopening of the anxiety disorder claim. The case is being remanded to further develop evidence related to the low back disorder.

The veteran's service-connected residuals of a gunshot wound, right thigh, are rated at 40 percent since the date of his claim. The veteran's service-connected occlusion of the right femoral vein with varicose veins is currently rated at 40 percent.

The Board has determined that the veteran's current back disability is etiologically related to his in-service back injury, and thus service connection for a back disability is granted.

The Board has remanded the veteran's claim for an increased rating for his service-connected degenerative disc disease of the lumbar spine due to additional evidentiary development.

The Board found that the veteran's lumbar and cervical spine disabilities did not have their onset during service or are otherwise related to his military service, thus denying service connection for these conditions.

The veteran's low back disability was not shown to warrant a rating in excess of the assigned ratings prior to December 3, 2003 and from December 3, 2003 to November 1, 2005. From November 1, 2005, the disability has not been manifested by ankylosis, pronounced intervertebral disc syndrome, incapacitating episodes, or separately ratable neurological symptoms.

The Board denied the veteran's claim for a rating in excess of 40 percent for residuals of a fracture of the D-12 vertebra with laminectomy at L4-5, finding that the evidence did not show pronounced intervertebral disc syndrome or incapacitating episodes over the previous year.

The Board denied the veteran's claims for increased ratings for pes planus and service connection for left foot fracture and low back disability, all secondary to his service-connected pes planus. The evidence did not support a higher rating or service connection based on these conditions.

The Board has vacated its previous decision and is now remanding the case for further development, including scheduling a VA examination to determine the onset date or etiology of any low back and left shoulder disabilities, as well as the current severity of service-connected patellofemoral pain syndrome of the knees and right ankle. The veteran must also be provided with proper VCAA notice.

The veteran's claims for service connection and initial ratings for his orthopedic disabilities were denied. The Board found that the veteran failed to report for a VA examination scheduled in June 2003, which was deemed necessary to determine entitlement to compensable ratings.

The Board denied the claims of service connection for left knee, back, and left shoulder disabilities due to lack of evidence establishing a direct link between these conditions and service.

The Board has reopened the claim for service connection, but finds that there is no competent medical evidence showing a nexus between the veteran's current back disability and his service-connected major depressive disorder. Therefore, the claim is denied.

The Board found no evidence of a current back disorder and denied the veteran's claim for service connection.

The Board has granted service connection for the veteran's torn medial meniscus of the left knee, finding that it was incurred in active duty. For his back disability, the Board found insufficient evidence to establish aggravation by the service-connected left knee disability and thus denied this theory of entitlement.

The Board denied the veteran's claims for reopening his service connection claim for cervical spine spondylosis and for an increased rating for spondylolisthesis of the lumbar spine, finding that new and material evidence had not been submitted to reopen the cervical spine spondylosis claim and that the current disability rating for the lumbar spine condition was appropriate.

The veteran's claim for a higher evaluation for his service-connected low back disability and right lower radiculopathy was granted, with the effective date set at October 30, 2003. The TDIU claim was also granted.

The Board has denied the veteran's claims for service connection for low back disorder, coronary artery disease, and hypertension as there is no evidence linking these conditions to his military service.

The Board has determined that the veteran's current cervical spine and right shoulder disorders are not related to service, and thus denied his claims for service connection.