Back / lumbar spine decisions — 2006

The Board found that new and material evidence had been received to reopen the veteran's claims of entitlement to service connection for postoperative residuals of a deviated nasal septum/deformity and PTSD. The Board also determined that these conditions were related to his period of active service.

The Board has determined that the veteran's current back disability is related to an injury in service, and thus service connection for lumbar strain with degenerative joint disease/degenerative disc disease is granted.

The Board found no evidence to support the veteran's claim that his current low back disorder is related to an in-service injury, and denied service connection.

The Board found that the veteran's claimed back disorder, hearing loss, and tinnitus were not present in service or for many years thereafter, and are not shown to be otherwise related to service. Therefore, service connection was denied.

The Board found that the veteran's service-connected lumbar disc disease does not prevent him from securing or following substantially gainful employment, as his unemployability is due to other factors unrelated to his service-connected disability.

The Board has denied the veteran's claims for service connection for lumbosacral strain with DJD, cervical sprain with DJD, residuals of contusions and strain of the left elbow, and residuals of contusions of the right forearm as there is no medical evidence linking these conditions to his military service.

The Board has denied service connection for a low back disability, right knee disability, and right ear hearing loss. The claim for tinnitus is pending due to conflicting opinions regarding its etiology.

The veteran's service-connected residuals of a fracture of the transverse process of the second lumbar vertebra have been rated at 10 percent since April 19, 1996 and through January 26, 2006.

The Board has granted service connection for lumbosacral strain and right facial numbness due to cavernous sinus syndrome, but the initial ratings are both at the minimum (10%) level as they do not meet criteria warranting a higher rating based on current symptoms or medical evidence.

The Board found that the veteran's lumbosacral strain with degenerative disc disease, with low back pain and intermittent sciatica, did not warrant an evaluation in excess of 40 percent.

The veteran's TDIU claim is being remanded for additional development, including obtaining his VA vocational rehabilitation folder and arranging a new examination to determine the impact of his service-connected disabilities on his employability.

The Board has determined that the veteran does not have PTSD and therefore, service connection for PTSD is denied. The low back disorder was also found to be unrelated to service.

The veteran seeks a higher rating for his service-connected degenerative disc disease of the lumbar spine. The current 60 percent rating is being reviewed due to potential additional evidence and possible need for another VA examination.

The appellant withdrew his appeal prior to the Board's decision.

The veteran's claim of service connection for PTSD has been reopened, and he is granted a combined evaluation of 60 percent for pension purposes due to his nonservice-connected disabilities. His PTSD is rated as direct service connection, while the other conditions are assigned separate ratings.

The Board has denied the veteran's claims for an initial disability rating in excess of 10 percent for service-connected low back disorder and service connection for tendonitis of the right wrist. The evidence did not support these claims.

The Board has determined that the veteran's current low back disability is not etiologically related to his military service and thus denied his claim for service connection.

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

The Board found that the veteran's current back disability is not etiologically related to his military service and denied his claim for service connection.

The Board denied the claim for service connection for cause of death and entitlement to Dependency and Indemnity Compensation (DIC) under the provisions of 38 U.S.C.A. § 1318 due to insufficient evidence regarding the cause of death.