Back / lumbar spine decisions — 2006

The Board has determined that the veteran does not have service connection for panic disorder, degenerative joint disease of the lumbar spine, heart condition, or skin condition due to an undiagnosed illness.

The Board has remanded the case for additional development, including obtaining relevant workers compensation and asbestos litigation records, scheduling VA examinations to determine the nature and etiology of the veteran's low back disability(s) and lung disability(s), and readjudicating both claims.

The Board has determined that the veteran's claims for increased ratings for prostatitis and lumbar spine muscle strain are denied as there is no evidence showing a preponderance of the evidence supports an earlier effective date or higher rating.

The veteran's appeal was dismissed because his notice of disagreement with the August 2002 rating decision was not timely filed.

The Board has decided to remand the case for additional development, including obtaining service medical records and seeking treatment records from various healthcare providers.

The Board has determined that the veteran's back disorder, including degenerative joint and disc disease of the lumbar spine, was not incurred in or aggravated by service. The VA examiner opined that there is no relationship between the veteran's current back condition and his period of service.

The Board denied the veteran's claims for service connection for various disabilities, finding that there was no evidence of hearing loss or eye problems in service and insufficient medical opinion to support a link between current conditions and service.

The veteran's appeal is being remanded for further development, including a VA examination to assess the severity of her service-connected low back disability and any associated conditions. The issue will be adjudicated again after this additional development.

The Board has determined that there is no current left shoulder or eye disability for which service connection can be granted. The veteran's claims of a low back disability are remanded due to conflicting medical evidence.

The Board has denied the veteran's claim for service connection for a low back disorder, secondary to her already service-connected left knee disorder. The evidence does not support this claim.

The Board has determined that the veteran's current back disorder and abdominal scars are not service-connected due to a lack of medical evidence linking these conditions to his military service.

The Board found that the veteran's right knee and low back disabilities were not incurred as a result of his service-connected right shoulder disability, thus denying these claims.

The Board denied the veteran's claims for an increased rating for residuals of a fracture of the ninth left rib and service connection for low back disorder and depression, finding that there was no evidence linking these conditions to his active duty or service-connected disabilities.

The Board denied the veteran's claim for an earlier effective date of October 30, 2002 for the grant of service connection for spinal stenosis/degenerative joint disease, lumbosacral spine. The decision was based on the fact that no communication or submittal concerning back disability had been received between the 1981 denial and October 30, 2002.

The Board has determined that new and material evidence has been received to reopen the veteran's claim of service connection for low back disability. The current low back disability, diagnosed as lumbar disc disease and lumbar stenosis, is found to be incurred in service.

The Board has remanded the case for additional development, including obtaining VA outpatient records and arranging for a VA orthopedic examination to determine if the veteran's current low back disability is related to service.

The Board found that the veteran's lumbosacral strain is service-connected, but not his congenital defect of the L5 vertebra. Service connection for a lumbosacral strain was granted.

The veteran's claim for an initial evaluation in excess of 10 percent for degenerative joint disease of the lumbar spine was granted, and he is now rated at 20 percent.

The veteran's lumbar spine disability is productive of complaints of chronic pain and moderate limitation of range of motion, decreased sensation in the right lower leg, mild spasm in the right-sided paravertebral muscles, and tenderness in the right sacroiliac region. The Board has determined that a 40 percent rating is warranted for his service-connected low back disability.

The VA has determined that the veteran's cervical spine disability does not warrant a rating in excess of 20 percent since January 1, 2001.