Back / lumbar spine decisions — 2006

The Board granted service connection for a back disorder as secondary to the veteran's service-connected foot disorders, effective from the date of receipt of his claim in July 1970.

The Board has determined that the veteran's low back disorder, including status postoperative herniated nucleus pulposus at L5-S1, is due to disease or injury incurred in active duty. Service connection for this condition is granted.

The veteran's service-connected disabilities do not meet the eligibility requirements for a certificate of eligibility for specially adapted housing or a special home adaptation grant.

The Board has determined that new and material evidence was not submitted to reopen the claims for service connection for wedging of the lumbosacral spine at L2, residuals of a sacroiliac injury, migraine headaches, residuals of left shoulder injury, residuals of left knee injury, and left hip disability. The claims were denied on the merits.

The Board has denied the veteran's claims for service connection for a left knee disorder and an initial disability evaluation in excess of 10 percent for his right knee disorder. The claim for service connection for a back disorder is being remanded due to lack of recent medical evidence.

The Board has determined that new and material evidence has been received to reopen the veteran's claims for service connection for a back disability, bilateral knee conditions, and right ankle condition. However, the Board found no evidence of a disease or injury in service that would support these claims.

The Board is remanding the case to provide additional VCAA notice and obtain private treatment records for the veteran's lumbosacral strain claim.

The Board has determined that the veteran does not have a current disability of arthritis of the lumbar spine, residuals of a left arm or left forearm injury, and a left shoulder disability that is related to his period of active service. The evidence does not support these claims.

The veteran's appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The Board denied the veteran's claims for increased ratings for his back disability and peripheral neuropathy of his lower extremities, finding that the evidence did not support a higher rating under the applicable VA Schedule for Rating Disabilities.

The veteran's back condition, including lumbar myositis, bulging disc, degenerative joint disease, reverse lordosis, spondylosis, and discogenic disease, is currently rated at 40 percent. The Board has now granted a higher rating of 60 percent based on the severity of his symptoms.

The Board has determined that the veteran does not have a low back disability due to disease or injury incurred in service.

The Board found that the veteran's current low back disability, manifested by spondylolisthesis of L5 on S1 level, is due to an injury incurred in active service and granted service connection for this condition.

The Board has determined that an increased rating of 40 percent is warranted for the veteran's low back disability prior to January 9, 2003. From January 9, 2003, a rating in excess of 60 percent is not met.

The Board has determined that the veteran's current low back disability is not related to his active duty service.

The Board denied the veteran's claim for service connection for lumbosacral strain, finding that there was no evidence of a current disability related to service.

The Board has remanded the case for further development and review, including notification of new and material evidence requirements, obtaining Social Security Administration records, verifying a witness name, and readjudicating the claims based on de novo review.

The Board finds that the veteran's current degenerative joint disease of the thoracic and cervical spine is not related to service, as there is no evidence of a chronic condition during service or post-service continuity of symptoms. The lumbar spine issue was previously addressed in another decision.

The Board has denied the petitions to reopen claims for service connection for low back disability, nasal fracture residuals, and tooth trauma residuals due to lack of new and material evidence.

The veteran's application to reopen his claim for service connection for a low back disorder is being remanded due to the failure to appear at the scheduled hearing.