Back / lumbar spine decisions — 2006

The Board has reopened the veteran's claim for service connection for a low back disorder and assigned a noncompensable rating for hypertension. The right hand and wrist disorder claim remains denied.

The veteran's claim for a rating in excess of 20 percent for diabetes mellitus, including the issue of a higher rating prior to November 29, 2002, is denied.,Service connection for hypertension as secondary to diabetes mellitus and service connection for a kidney condition as secondary to diabetes mellitus are both denied.,Service connection for an eye disability and a back disability are both denied.,The veteran's claim for a rating in excess of 20 percent for diabetes mellitus, including the issue of a higher rating prior to November 29, 2002, is denied.,Service connection for hypertension as secondary to diabetes mellitus and service connection for a kidney condition as secondary to diabetes mellitus are both denied.

The Board has reopened the veteran's claims for service connection for herniated disk of the lumbar spine with lumbosacral strain and residuals of a head injury with memory loss, finding that new and material evidence was submitted.

The veteran's claims for increased evaluations and service connection were denied. The left knee disability is rated at 10% under Diagnostic Code 5260, and the low back disability with sciatica was not found to be related to service.

The Board has denied the veteran's claims for service connection for bilateral hearing loss, tinnitus, and a back disability due to lack of evidence linking these conditions to his military service.

The Board has denied the veteran's claims for service connection for defective hearing, a back disorder, a dermatological disorder involving the feet and body (claimed as chloracne), visual impairment, bilateral hip and knee disorders, a bilateral shoulder disorder, a neck disorder, a hand and fingers disorder, and a bilateral leg disorder. The Board found that there was no evidence of chronicity for these conditions post-service and concluded that service connection is not warranted.

The Board has determined that a remand is necessary to obtain further development of the claims for service connection for bilateral hearing loss, chronic back disorder, and sinusitis.

The veteran's claims for service connection for arthritis of the lumbar spine and cervical spine are being remanded due to additional development needed, including obtaining his service personnel records and determining if he is entitled to the benefit of 38 U.S.C.A. § 1154(b).

The Board has granted the appellant's request to reopen his claim of entitlement to service connection for a low back disorder. The examiner opined that the appellant's current back problems were aggravated by his military service.

The Board has denied reopening the veteran's previously denied service connection claims for lumbar and cervical spine disabilities, as well as his claim for an increased rating for thoracic spine disability. The veteran was not provided with new and material evidence to reopen these claims.

The veteran's claim for an increased evaluation for her service-connected back disability is being remanded due to the need for a new VA examination and consideration of both the previous and revised rating criteria.

The veteran's claims for an increased rating for myositis, lumbar spine and a finding of permanent total disability due to post-traumatic stress disorder prior to July 13, 2000 were denied. The claim for an earlier effective date for the 100 percent evaluation for post-traumatic stress disorder was not addressed as it is moot given the outcome.

The Board has determined that the veteran's spondylolisthesis and lumbar facet syndrome are proximately due to, or a result of, his service-connected right knee arthritis.

The Board found no current diagnosis of a left shoulder disability and denied service connection for the veteran's claimed condition. The claim for an increased evaluation for lumbar strain was also denied as there is no evidence of a current disability.

The veteran's appeal is being remanded for scheduling a hearing before a Veterans Law Judge via video teleconference.

The Board denied the veteran's claims for service connection for a left knee disability and increased ratings for his low back disabilities. The decision also noted that there was no compensable evaluation for chondromalacia of the right knee.

The veteran's low back disorder does not warrant more than a 20 percent rating for functional impairment of the low back and 10 percent for right radiculopathy.

The veteran's appeals for higher ratings for myofascial pain syndrome of the right shoulder, traumatic arthritis of the cervical spine, and lumbosacral strain have been denied. The current ratings are considered appropriate based on the evidence provided.

The Board found that the veteran's service-connected lumbosacral paravertebral myositis with mild degenerative joint disease and a bulging disc does not meet or approximate the criteria for a disability rating in excess of 40 percent.

The Board found that the veteran's lumbosacral strain did not meet or approximate the criteria for a higher rating, and thus denied his claim for an increased evaluation.