Back / lumbar spine decisions — 2006

The Board has reopened the veteran's claim for service connection for residuals of a back injury due to new evidence submitted since the January 1995 decision. The case is now remanded for further development.

The veteran's low back disability, including status-post-diskectomy of L5-S1 and degenerative disc disease, was rated at 40 percent effective September 27, 2001.

The Board has ordered additional development to be completed, including obtaining medical records and verifying the veteran's service dates. The claims will be reconsidered after all requested actions are taken.

The Board has granted a 40 percent rating for chronic lumbosacral strain with degenerative joint disease and a 30 percent evaluation for migraine headaches, effective September 1, 2005.

The veteran's appeal has been satisfied by the December 2005 rating decision, which granted increased staged ratings and resulted in a combined evaluation of 100% from February 7, 2002. The issues on appeal have therefore been dismissed.

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

The Board has determined that additional development is needed to determine if the veteran's current lower back and neck disabilities are related to his military service, including any potential exposure to burn pits, Agent Orange, Camp Lejeune, or other environmental factors. The RO must obtain all relevant medical records, including those from the German doctor who treated him during his deployment in Bosnia-Herzegovina.

The Board denied the veteran's claims of service connection for malaria, fungus of the toes, lumbosacral spine condition, cervical spine condition, thoracic spine condition, hepatitis C, depression, and headaches. The decision also denied reopening of his previously denied claims.

The Board has determined that the veteran's current lumbar spine disorder, cervical spine disorder, and right shoulder disorder are not directly related to his active service.

The Board denied service connection for a low back condition and did not reopen the claim of residuals of removal of lipoma of the left buttock/thigh due to lack of new and material evidence.

The Board has found that the veteran's low back disability is not caused or made worse by his service-connected left foot disability.

The Board denied the veteran's claims for an increased rating for his thoracic spine disability and service connection for a low back disability, finding that the evidence did not support granting these benefits.

The veteran is seeking an increased rating for his service-connected lumbosacral strain, which is currently rated at 10 percent. The case has been remanded due to the need for a video conference hearing.

The Board has denied the veteran's claim for an evaluation in excess of 20 percent for myositis of the lumbar paravertebral muscles.

The veteran's headaches are due to an undiagnosed illness that was incurred in service.,The currently demonstrated lumbosacral strain is shown as likely as not to be due to injury suffered during the veteran's period of service.

The veteran's degenerative disease of the lumbar spine with facet arthritis is found to be related to service and/or reported injuries therein, warranting service connection.

The Board has reopened the veteran's claim of service connection for a low back disability and is now considering whether new evidence supports this reopening.

The veteran's claim for service connection for degenerative changes of the lumbar spine is being remanded due to new notice requirements under Kent v. Nicholson, No. 04-181 (U.S. Vet. App. March 31, 2006).

The Board granted an initial 60 percent evaluation for the veteran's chronic post-operative lumbosacral spine disability with degenerative disc disease and lumbosacral strain during the entire appeal period.

The Board has determined that the veteran's lumbar spine disorder more closely resembles pronounced intervertebral disc disease, warranting a 60 percent evaluation.