Back / lumbar spine decisions — 2006

The Board of Veterans' Appeals (Board) denied the veteran's claim for a higher initial evaluation for his service-connected lumbosacral strain, currently evaluated as 10 percent disabling.

The veteran's claims for increased ratings were denied. The RO found that the current evaluations adequately reflected the severity of his service-connected disabilities.

The Board found that the veteran's service-connected low back strain with limitation of motion is manifested by no more than moderate limitation of motion, and thus does not meet the criteria for a higher disability rating.

The veteran's cervical degenerative disease was incurred in peacetime service and granted service connection.

The Board denied the veteran's claims for increased ratings for lumbosacral strain and hypertension, finding that the evidence did not demonstrate the required functional loss or impairment to warrant higher disability evaluations.

The veteran's lumbosacral strain is currently rated at 20 percent disabling. The claims for bilateral hearing loss, tinnitus, and headaches are pending.

The veteran's claims for increased ratings for low back strain and PTSD were denied. The RO also determined that the effective date for TDIU benefits was February 11, 1997, which is when his PTSD rating was raised to 70 percent. The veteran's CUE claims regarding the November 1991 rating decision denying a higher PTSD rating were also denied.

The Board has remanded the veteran's claims for cervical and lumbar spine disorders due to unclear issues, lack of medical records between 1952 and 1997, and the need for an orthopedic examination.

The veteran's carpal tunnel syndrome of the right arm is granted as service-connected. The veteran's lumbosacral strain is rated at 40 percent effective April 21, 2005.

The Board found that the veteran's low back disorder is not proximately due to or the result of, nor has it been aggravated by, his service-connected residuals of a fracture of the calcaneal navicular bar in the left foot.

The Board has determined that the veteran does not have PTSD, and his claims for service connection for a low back disorder, skin rash, chest pain, night sweats, dizziness, shortness of breath, memory loss, nausea and stomach cramps, and headaches are denied as they do not meet the criteria for service connection based on direct evidence or the presumptive provisions applicable to veterans of the Persian Gulf War.

The Board denied service connection for a back disorder and PTSD due to lack of evidence linking these conditions to service.,Service connection was not granted for right ear hearing loss as the claim was previously denied in April 2002.

The veteran's appeal is being remanded to the Appeals Management Center (AMC) for additional examinations and determinations regarding his service connection claims, including a potential secondary service connection claim related to his anxiety disorder.

The veteran's back and right leg disabilities were not incurred during service or as a result of his service-connected lower leg disabilities. The Board denied the claims for service connection.

The veteran's claim for an increased disability rating for her service-connected lumbar spine disorder is being remanded due to the need for additional development.

The Board has remanded the case for a travel board hearing before a Veterans Law Judge at the RO.

The Board has determined that the previous allowance of service connection for lumbar spine arthritis was clearly and unmistakably erroneous, and thus severed service connection.

The Board has remanded the veteran's claims for additional development due to incomplete service records and lack of verification of his periods of active duty, active duty for training, and inactive duty for training with the Puerto Rico Army Reserve National Guard.

The veteran's appeals for temporary total evaluations, increased ratings for low back and right knee disabilities, and left ear hearing loss were denied. The claim for Dependents' Educational Assistance (DEA) benefits was also not granted.

The Board found that the veteran's low back disorder was not related to his active service and denied his claim for service connection.