Back / lumbar spine decisions — 2006

The veteran withdrew his appeal before the Board could make a decision.

The Board has determined that the veteran had no pending claims for VA benefits at the time of his death, and thus, the appellant is not entitled to accrued benefits.

The Board denied service connection for a back disability on the basis that there was no evidence of a nexus between the current condition and military service.

The Board denied service connection for a low back disorder and found that the veteran is not unemployable due to his service-connected disability.

The Board has determined that the veteran's arthritis of multiple joints, including hips, knees and lumbar spine, was not incurred in or aggravated by active military service. The preponderance of evidence is against a finding that arthritis is proximately due to or the result of a service-connected disability.

The veteran withdrew his appeal concerning issues 2 through 9, leaving only the claims for major depressive disorder and whether new and material evidence has been received to reopen a claim of entitlement to service connection for diabetes mellitus.

The veteran's service-connected disabilities, including right knee replacement, left knee osteoarthritis, and back disorders, prevent him from engaging in substantially gainful employment.

The Board found that the veteran does not have a current disability of hypertension, low back disorder, or prostate disorder that is related to service. Service connection was denied for all three conditions.

The Board found no medical evidence linking the veteran's current spinal conditions to his military service, thus denying his claims for service connection.

The VA has denied the veteran's claim for an increased rating for his low back disability, currently rated at 40 percent. The evidence does not support a higher evaluation.

The veteran's low back disability is rated at 40 percent, and he has service connection for a right eye peripheral retinal hole, hemorrhoid disability manifested by bleeding during bowel movements, and prostate cancer. The Board finds no basis to grant additional evaluations for the other conditions.

The Board has granted an initial evaluation of 10 percent for the veteran's service-connected lumbosacral strain prior to August 29, 2005 and increased the evaluation to 20 percent effective from that date.

The veteran's claims for higher initial evaluations and an earlier effective date for service connection were denied. The RO found that the evidence did not support reopening his previously denied claim for tinnitus, as no new and material evidence was submitted.

The Board has remanded the case due to the need for additional evidence and an examination.

The veteran's claims for increased evaluations for low back strain and bilateral hearing loss were denied. For the period April 12, 2002 to September 25, 2003, his low back strain was rated at 10 percent. For the period commencing September 26, 2003, his low back strain was rated at 20 percent and bilateral hearing loss remained at 20 percent.

The Board has determined that the veteran's degenerative joint disease of the lumbar spine warrants a 40 percent disability rating, which is more than the current 20 percent rating.

The Board has denied the veteran's claims for service connection for a lung disorder, knee disorder (unspecified), lumbar disc disease, and unspecified ankle disorder. The October 1955 rating decision denying these claims is final.

The Board has remanded the case due to incomplete records and conflicting medical opinions. The veteran's low back disability claim will be reconsidered after obtaining additional evidence and an examination.

The Board denied the veteran's claims for service connection for hypertension, diabetes mellitus, and a back disability. The reasons given were that there was no evidence of these conditions during or immediately after service, and that any current diagnoses are not related to service.

The veteran's service-connected lumbar fibromyositis is currently rated at 20 percent, and the Board has determined that a higher rating of 40 percent is warranted based on severe limitation of motion.