Back / lumbar spine decisions — 2006

The veteran's claim for increased evaluations of his lumbosacral strain disability was denied, with the RO maintaining a 10 percent evaluation for the period from October 6, 1993 to December 8, 1998 and denying any increase beyond that.

The Board denied the veteran's claim for service connection for residuals of a low back injury, finding that there was no medical evidence linking his current disability to service.

The Board finds that the effective date for a 40 percent rating for lumbosacral injury should be July 24, 2002, as this is when the entitlement arose. The veteran's claim was not received until February 9, 1999.

The VA denied a request for an increased rating for lumbosacral strain, maintaining the current 20% disability rating.

The Board found that the veteran's back disability was not incurred or aggravated during military service and may not be presumed to have been so incurred. As a result, the claim for service connection for a back disability is denied.

The Board dismissed the veteran's appeal because it does not have jurisdiction to consider the issue of waiver of recovery of an overpayment of OWCP benefits, which is a matter addressed by another agency.

The veteran's prostatitis is currently rated at 30 percent, effective since June 30, 2005. Service connection for discogenic disease of the lumbosacral spine has been granted.

The veteran's service-connected low back disability is manifested by constant low back pain and limited range of motion, warranting a 60 percent evaluation.

The Board denied the veteran's claims for service connection for retrograde ejaculation as a residual of right testicle seminoma and for an increased rating for degenerative disc disease of the lumbar spine. The Board found that retrograde ejaculation is not a separate disability warranting compensation, and that the veteran's degenerative disc disease did not meet criteria for a higher rating.

The Board has remanded the case for additional development due to new medical records received by the RO. The veteran's claim of increased evaluation and her attempt to reopen a secondary service connection claim are both under consideration.

The Board has denied service connection for a back disability and remanded the issue of whether new and material evidence has been received to reopen a claim of service connection for a psychiatric disability.

The Board has determined that an effective date of October 13, 1978 is granted for the grant of service connection for a low back disability.

The Board has determined that the veteran does not have a current disability of brain damage or low back disability that is related to service. The evidence shows no in-service injury, and any post-service symptoms are not linked to service.

The Board denied service connection for lumbar stenosis with residuals of decompressive laminectomies at L4 and L5, as well as leg pain. The claim for PTSD was granted but the initial rating remains unchanged.

The Board has determined that additional development is needed, including obtaining VA treatment records and scheduling the veteran for a VA examination to determine the etiology of his claimed disabilities.

The veteran's claim for service connection for degenerative disc disease of the lumbar spine is being remanded due to the need to obtain additional medical records and review by a VA examiner.

The Board found that the veteran's chronic low back strain and cervical spine degenerative disc disease were not incurred in service, but her chronic head injury residuals were not shown to have originated during active service. The Board denied all claims.

The veteran's appeal is being remanded for a Travel Board hearing. The claims will be returned to the Board after the hearing.

The veteran's appeal is denied as his claim for an initial rating higher than 10 percent for chronic cervical strain with degenerative disc disease does not meet the criteria under the applicable VA rating schedule.

The veteran's claims for service connection for Achilles tendonitis and initial schedular ratings for his degenerative disc disease of the lumbosacral spine with chronic lumbar strain were denied. The claim for an initial extraschedular rating was referred to the RO.