Back / lumbar spine decisions — 2006

The veteran's claims for service connection are being remanded due to outstanding VA treatment records and the need for additional examinations.

The veteran's claim for a higher disability rating for his service-connected degenerative disc disease of the lumbar spine is being remanded due to the need for additional examination and consideration.

The Board has granted service connection for a back disorder, residuals of bilateral foot injuries, varicose veins of the legs, and bilateral knee disability. The claim for bilateral hearing loss was not addressed in this decision.

The Board found that there is no evidence of a chronic back disability during service and the preponderance of the evidence does not support a causal link between any current back disability and service. The claim for service connection was denied.

The Board has determined that the veteran does not meet the criteria for service connection for various conditions, including a back disorder, sleep disorder (due to PTSD), skin disorder, irritable bowel syndrome, and acid reflux disease. The preponderance of evidence is against these claims.

The Board found that the veteran's arthritis and degenerative disc disease of the lumbosacral spine were not incurred in or aggravated by active service, nor did they manifest to a compensable degree within one year after service discharge.

The Board found no clear and unmistakable error in the July 7, 1994 rating decision that denied service connection for lumbosacral strain.

The Board has denied the veteran's claims for service connection for bilateral knee and upper back disorders, finding no current disabilities. The claim to reopen a lower back disorder was also denied due to lack of new and material evidence.

The Board found that the veteran's current low back disability was not incurred in or aggravated during active military service and denied his claim for service connection.

The Board is remanding the case for additional development, including obtaining medical records and Social Security Administration (SSA) disability decisions. The veteran's claims will be reconsidered after these steps are completed.

The Board has determined that the veteran's current low back and right great toe disabilities are not related to service, and thus denied his claims for service connection.

The VA has denied the veteran's claim for service connection for his back disorder, finding no evidence linking it to service.

The veteran's service-connected degenerative disc disease of the lumbar spine is currently rated at 60 percent, effective from the date of this decision.

The Board granted a 40 percent evaluation for the lumbar spine disability from June 10, 2005. The right upper extremity radiculopathy was also granted as part of this decision.

The Board has granted service connection for lumbar spine muscle strain, and the veteran's claim for a TDIU prior to May 2, 2000 is being remanded.

The Board dismissed the appeal due to the veteran's death, and thus there is no jurisdiction to adjudicate the merits of this claim.

The Board denied the veteran's claims for an increased evaluation for his service-connected cervical spine disorder and service connection for a low back disorder. The claim for TDIU was also denied, as entitlement to this benefit did not arise until May 27, 1999.

The Board has determined that the current medical evidence is insufficient to make a determination on whether the veteran currently suffers from chronic back and left shoulder disabilities, which are necessary for service connection. The case is being remanded for further examination and development.

The Board has reopened the veteran's claim for service connection for a back disability due to new and material evidence. The claim of increased rating for generalized anxiety disorder is denied, as the symptoms do not warrant an increase in rating. The issue of service connection for bilateral tinnitus remains unresolved.

The Board of Veterans' Appeals has determined that the veteran's current low back disability was not incurred in or aggravated by his active service, including as secondary to a service-connected cervical spine disability.