Back / lumbar spine decisions — 2006

The Board has determined that the veteran does not have a current diagnosis of back, right hip, or left hip disorders. Therefore, service connection for these conditions cannot be granted.

The Board has remanded the case due to inadequate VCAA notice and will provide a new VA examination for the low back disorder. The veteran's claim for service connection remains pending.

The veteran's claims of service connection for hearing loss disability, sinus disorder, and esophageal disorder have been denied by operation of law. The claim for increased rating for residuals of chest injury has also been denied.

The Board has denied the veteran's claim for special monthly pension based on the need for aid and attendance due to her inability to require regular aid and assistance, as defined by VA regulations.

The veteran's service-connected degenerative disc disorder of the lumbar spine and left hip bursitis are currently rated at 10 percent, but do not warrant a higher evaluation as their symptoms do not meet or approximate criteria for a higher rating under VA's rating criteria.

The Board denied service connection for right shoulder, low back, and psychiatric disabilities. The veteran's claims for left shoulder, wrist, knee, ankle, cervical spine, head injury residuals, and headache disabilities were also denied.

The VA denied the veteran's claim for an increased evaluation of his lumbosacral strain, currently rated at 20 percent. The evidence showed moderate severity with limited range of motion.

The Board denied the veteran's claims for service connection and increased ratings for various conditions, finding no current disability or evidence of in-service injury that would support these claims.

The veteran's claims for increased ratings for degenerative joint disease of the lumbar spine and gastroesophageal reflux disease were denied as his conditions did not warrant a higher disability rating under the applicable criteria.

The veteran's degenerative disc disease of the lumbar spine is currently rated at 20 percent, and his atherosclerotic heart disease/coronary artery disease is currently rated at 60 percent. The appeal for an increased rating above 60 percent for atherosclerotic heart disease/coronary artery disease remains pending.

The Board has determined that the veteran's degenerative joint disease of the lumbar and cervical spine is not related to his service, and therefore denied service connection for these conditions. The residuals of gunshot and shell fragment wounds of the right thigh and pelvis are currently rated as 10 percent disabling.

The Board has determined that a chronic lumbosacral strain was neither incurred in nor aggravated by service, and thus denied the veteran's claim for service connection.

The Board dismissed the appeal regarding reopening of a claim for service connection for a lumbar spine disorder due to lack of an appeal from the March 1999 denial. The issue of increased rating for cervical and dorsal arthritis was remanded.

The Board has granted a 20 percent disability rating for the veteran's service-connected musculotendinous low back pain as of August 27, 2004. The current rating is based on muscle spasm and slight limitation of motion.

The Board has determined that the veteran's low back degenerative changes are related to his service and grants service connection for this condition.

The veteran's claim for an initial rating higher than 20 percent for a low back disorder, manifested by orthopedic findings, is being remanded due to the need for additional development of his medical records and notification regarding applicable criteria for evaluating spine disabilities.

The Board denied the veteran's claims for service connection and increased ratings, finding no evidence of a chronic cervical spine disorder or other disabilities related to his active duty service.

The Board has denied the veteran's claims for service connection for a right shoulder disability and a low back disability, finding that the preponderance of the evidence is against these claims. The claim for service connection for a left knee disability was granted.

The veteran's claim for a higher rating for his low back disorder is being remanded due to the need for additional development, including obtaining a VA examination and ensuring proper VCAA notice.

The Board denied service connection for a right shoulder disability, low back disability, and psychiatric disorder. The veteran's claims were based on direct evidence rather than presumptions or other theories.