Back / lumbar spine decisions — 2006

The Board has determined that the appellant's low back disability and additional left knee disability were not incurred or aggravated by service, nor can they be presumed to have been so incurred. The initial compensable evaluation for bilateral hearing loss was denied.

The veteran's appeal is being returned to the Board for further review due to her request for a Travel Board hearing. The case will be remanded to schedule this hearing.

The Board denied the veteran's claims for higher ratings for his service-connected low back disability and right proximal tibia scar, finding that the evidence did not support a rating in excess of 20 percent for the spine condition or a rating in excess of 10 percent for the benign tumor.

The Board denied service connection for a low back disorder and a penile disability. The veteran's current back disorders are unrelated to his military service, while the issue of service connection for a penile disability is remanded due to incomplete records.

The Board denied the veteran's claims for service connection for low back disorder and bilateral hip disorder, finding that there was no evidence linking these conditions to her active military service or any incident therein. The Board also found insufficient medical evidence to support a secondary service connection claim.

The Board denied the veteran's claims for increased initial evaluations for chronic lumbar strain and chronic cervical spine strain, finding that his conditions did not warrant higher ratings based on current medical evidence.

The Board has determined that the veteran's claimed cardiovascular disorder, respiratory disorder, diabetes, right hip disorder, left hip disorder, and back disorder are not related to service.

The Board found no evidence linking the veteran's current disabilities to his period of service and denied all claims for service connection.

The Board has remanded the veteran's claims for pes planus and a back disability as secondary to pes planus due to inadequate medical opinions and VCAA notice issues.

The Board has remanded the case due to incomplete service records and a need for further examination. The veteran's claims for service connection are pending.

The veteran's appeal is being remanded for additional development, including obtaining a VCAA compliant letter and VA examinations to assess the severity of his hemorrhoids and lumbar spine DDD.

The Board is remanding the case to the RO for scheduling a videoconference hearing before the Board.

The Board denied the veteran's claim for a higher rating for his service-connected lumbosacral strain, with disc disease and degenerative arthritis. The RO had previously granted service connection and assigned a 10 percent initial rating in April 1998, which was increased to 20 percent in October 1998, and finally to 40 percent in December 1998. The Board found that the veteran's disability did not warrant an evaluation higher than 40 percent under the applicable criteria.

The Board found that the veteran did not submit new and material evidence to reopen his claim of service connection for a low back disability, as the additional evidence was either cumulative or redundant.

The Board denied the veteran's claim for compensation under 38 U.S.C. § 1151, finding that his current back symptoms are not secondary to a VA-administered epidural injection.

The veteran's claims for increased ratings were denied. The right knee disability was rated at 30 percent prior to August 2, 2005 and 60 percent commencing on that date. The cervical spine disability remains at 20 percent. The low back disability is rated at 10 percent prior to August 2, 2005 and 20 percent thereafter. The foot disability continues at 10 percent.

The Board denied the veteran's claims for service connection and evaluations of his right knee disability, finding that there was no evidence of functional impairment or instability warranting a higher rating.

The Board found that the veteran's lumbosacral strain and lumbar disc disease do not meet criteria for a higher rating, but granted an increased rating to 20 percent.

The Board granted an initial evaluation of 20 percent for the veteran's low back disability, finding that it approximated the criteria for this rating.

The Board found no evidence of a chronic disability related to service for the veteran's low back and cervical spine disorders, thus denying his claims.