Back / lumbar spine decisions — 2006

The Board found that the veteran's lumbar and cervical spine disorders did not originate in service or within one year of his discharge, and were not otherwise etiologically related to service. Therefore, service connection for these conditions was denied.

The Board denied the veteran's request to reopen his claim of service connection for a back disorder, finding that new and material evidence had not been received.

The Board has dismissed the veteran's appeal as he did not file a timely substantive appeal for his claims of entitlement to service connection for a back condition, a right leg condition, and a left leg condition.

The veteran's claims for secondary service connection for cervical spine and hip disabilities were denied. The rating for his traumatic degenerative disc disease of the lumbosacral spine, L4-5 and L5-S1, with spondylosis was also denied.

The appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The Board has decided to remand the case for further development, including obtaining medical records and conducting a VA examination.

The Board found no current medical diagnosis of a residuals of a low back injury and denied service connection for this condition. The claim for hepatitis C with fibrosis of the liver is addressed in the REMAND portion of the decision.

The Board found no clear and unmistakable error in the December 1972 rating decision that denied service connection for a back disability. The evidence at that time showed clearly that the veteran had a pre-existing scoliosis, which was not considered disabling at the time of enlistment.

The Board denied the veteran's claims for increased disability ratings for degenerative joint disease of the lumbar spine and left knee, finding that the evidence did not meet the criteria for a higher rating.

The Board has granted service connection for myositis and degenerative disc disease of the lumbosacral spine and cervical spine, finding that these conditions are etiologically related to injuries sustained in service.

The veteran's low back disability was rated at 20 percent prior to October 27, 2003 and denied for a higher rating. From October 27, 2003, the claim is also denied.

The Board has determined that the veteran does not have a low back disorder or psychiatric disorder that is related to military service. The veteran's current conditions are not considered secondary to any service-connected disability.

Throughout the rating period, the veteran's mechanical low back pain has been productive of complaints of pain and tenderness. Objective examination showed some muscle spasm but no severe limitation of motion or other disabling conditions warranting a higher evaluation.

The Board found no evidence of current back or psychiatric disabilities and denied the veteran's claims for service connection.

The Board denied service connection for PTSD due to lack of confirmed in-service stressors and current diagnosis. Service connection was also denied for lumbosacral strain as the condition is not related to service or a presumptive exposure basis.

The Board denied the veteran's claim of entitlement to service connection for a back disability, finding that there was no evidence linking his current condition to his military service or to his service-connected malaria.

The veteran's PTSD claim is granted, and her low back disability rating is increased to 60 percent effective February 15, 1994. The veteran's initial request for a higher rating for the low back disability from September 23, 2002, remains pending.

The Board found that the August 1977 rating decision denying service connection for chronic disc disease of the lumbar spine was not clearly and unmistakably erroneous, as there was no evidence showing the condition was incurred in or aggravated by service.

The Board has remanded the case due to new evidence submitted by the veteran after the July 2004 SOC. The RO must consider this new evidence and issue a Supplemental Statement of the Case (SSOC).

The veteran's claims for higher initial ratings for her cervical and lumbar spine disabilities are being remanded to the RO for further development, including a VA examination.