Back / lumbar spine decisions — 2006

The Board has determined that the veteran's current degenerative disc disease of the lumbar spine is not related to his in-service injury and therefore denied his claim for service connection.

The veteran's appeal for an increased evaluation of her service-connected chronic lumbosacral spine strain is granted, with a final rating of 40 percent effective from the date of this decision. The claim for service connection for bilateral pes planus remains pending.

The veteran's initial evaluations for lumbosacral strain, gastroesophageal reflux, sinusitis with allergic rhinitis, chondromalacia patellae of the right knee, chondromalacia patellae of the left knee, prostatitis, and bilateral flat feet have been denied.

The Board denied service connection for a back disorder and kidney disorder, finding that both conditions preexisted the veteran's military service. Service connection was not granted for bilateral hearing loss.

The Board has determined that the veteran does not have a current lower back or foot disability and therefore, service connection for these conditions is denied.

The Board denied the veteran's claims for service connection for various disabilities, including those claimed as due to an undiagnosed illness. The reasons were provided in the decision summary.

The veteran's claims for increased ratings for his service-connected left knee and low back disabilities are being remanded due to the need for additional development, including obtaining medical records and scheduling VA examinations.

The Board has denied the veteran's claims for service connection for various conditions, including sinusitis, allergic rhinitis, lumbosacral strain, myositis of the shoulders, hips and elbows, difficulty sleeping, generalized weakness and fatigue, and headaches. The denial is based on medical evidence that these conditions were not incurred or aggravated during military service.

The Board has granted an effective date of December 1, 1994 for a 20 percent rating for the veteran's service-connected lumbar spine disability.

The Board has remanded the case for additional development to determine if the veteran's current low back and chest disabilities are related to his service.

The veteran's lumbar spine disability is rated at 40 percent, but the Board found that it does not meet the criteria for a higher rating. The claim for service connection of fibromyalgia was also denied.

The veteran's claim for a higher initial rating for his low back disability was denied. He is currently rated at 40 percent from November 16, 2005 onward.

The Board found no causal link between the veteran's current leg and back disorders and his military service or any service-connected conditions, including cold injury to the feet. Therefore, the claims for service connection were denied.

The Board denied the veteran's claims for increased ratings for his degenerative disc disease of the lumbar spine, diabetic neuropathy of the right leg, and diabetic neuropathy of the left leg. The current evaluations are found to be appropriate.

The Board denied service connection for inservice exposure to herbicides, including Agent Orange due to the presumption of exposure. The veteran's claims for diabetes mellitus, headaches, and a lumbosacral disorder were also denied as there was no positive association between these conditions and his military service.

The veteran's claim for an increased rating for chronic lumbosacral strain and disc disease is being remanded due to the need for additional development.

The Board denied the veteran's claim for an increased rating for his lumbosacral strain, finding that the evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.

The veteran's appeal is being remanded due to the need for proper designation of his representative. The issues regarding service connection are not addressed as they were not specified in the original decision.

The veteran is seeking service connection for a back disability. The VA has not obtained all relevant medical records and the veteran should be provided with an examination to identify any current back disability and its etiology. Additionally, the veteran's claim must include proper notice regarding disability ratings and effective dates.

The veteran is seeking a specific evaluation for his lumbosacral strain with osteoarthritis, which was granted in June 1997. The case has been remanded due to procedural issues.