Back / lumbar spine decisions — 2006

The Board has determined that the veteran's degenerative disc disease, lumbosacral spine does not warrant a rating in excess of 10 percent from July 1, 2002 to June 17, 2003 and since June 17, 2003 warrants a 20 percent rating. The veteran's radiculopathy of the left lower extremity is rated at 10 percent.

The Board has reopened the veteran's claim for service connection for a lumbar spine disorder and finds that new and material evidence has been presented. However, the Board denies service connection as there is no evidence of aggravation during active or inactive duty for training.

The Board has determined that the veteran's claimed disabilities were not incurred or aggravated by service, and may not be presumed to have been incurred in service.

The Board has denied the veteran's claims for service connection for a lumbosacral spine disability and chronic fatigue secondary to his service-connected carcinoma of the abdomen, as well as the evaluation of his restrictive lung disease. The veteran's current rating for his restrictive lung disease is 10 percent.

The veteran's disability evaluation for chronic lower dorsal and lumbosacral strain, including degenerative disc disease and degenerative joint disease, is denied as the evidence does not meet the criteria for a higher rating.

The Board has granted increased ratings for the veteran's service-connected stomach disorder, post-operative residuals of a right knee injury, and lumbosacral spine disability.

The Board has determined that the appellant's degenerative disc disease at L5-S1 with associated bilateral arthropathy was not incurred in or aggravated by service, and may not be presumed to have been incurred therein.

The Board has denied the veteran's claims for service connection for various conditions, including a ruptured ear drum, migraine headaches, right ankle disorder, depression, residuals of right palm laceration, and ear infections. The decision also addressed other issues such as asthma, mouth surgery, and lung cyst.

The Board has determined that the veteran does not have a right knee or low back disability related to his service-connected residuals of a left knee injury, and thus denied both claims for service connection.

The Board denied the veteran's petition to reopen his claim of service connection for a back disorder, including degenerative arthritis of the lumbar spine. The issue of service connection for prostatitis is addressed in the REMAND portion.

The veteran's increased rating claims for various service-connected disabilities are being remanded due to deficiencies in VCAA notice and the need for additional VA medical examinations.

The Board has determined that the appellant's claim to reopen his service connection for back disability should be remanded due to inadequate VCAA notice and incomplete medical records.

The Board denied the veteran's claims for service connection for bilateral knee disorder and low back disorder, finding no new and material evidence to reopen the low back claim. The Board also found that a bilateral knee disorder was not incurred in or aggravated by service.

The Board has determined that the veteran's service-connected low back disability warrants a 50 percent rating, effective from the date of the September 2003 rating decision.

The veteran's claim for an increased evaluation for his service-connected low back pain with spondylosis is being remanded due to the need for additional examinations and assessments.

The veteran's claims for increased ratings for his right and left knee disabilities, each rated as 10 percent disabling, and the increase in disability rating for his low back disability from 10 to 20 percent disabling are being remanded due to outstanding VA records.

The case is being remanded for further evaluation of the veteran's low back pain due to inconsistency in previous examination findings.

The Board denied the veteran's claims for increased ratings and effective dates, finding that his lumbar spine arthritis did not meet the criteria for a higher rating under the applicable VA regulations. The right knee meniscal tear was also rated at 10 percent disabling since July 1999.

The Board has determined that there is no association between the veteran's current bilateral knee disorder and his period of active duty service from February to March 1973. Similarly, there is no association between the current back disorder and his period of active duty service. Therefore, the claims for service connection are denied.

The Board has determined that additional development is needed to clarify the nature and etiology of the veteran's claimed low back, sinus, and migraine conditions. The case will be returned for further action.