Back / lumbar spine decisions — 2006

The Board has determined that the veteran does not have a low back disability that is etiologically related to active service and denied his claim for service connection.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for a back disorder. The evidence shows that the veteran's spondylisthesis of the lumbar spine preexisted service but was aggravated by service activities.

The Board found no evidence of a low back, left shoulder, or right knee disability during the veteran's active service. The current diagnoses are not related to his military service.

The Board denied the veteran's claim of service connection for a lumbosacral disorder in April 1989, and the motion to revise this decision on grounds of CUE was denied.

The veteran's adhesive pericarditis and lumbosacral strain with a history of spondylolisthesis are not rated higher than the current evaluations.

The veteran's low back strain with DDD is currently rated at 40 percent, effective August 4, 1999. The Board found that the evidence did not meet the criteria for a higher rating.

The Board has remanded the case for further development to obtain additional medical records and provide a VA examination to assess the nature, time of onset, and etiology of any current disorders of the right knee and low back that the veteran now has.

The Board has remanded the case for additional development, including obtaining all available VA medical records and providing an opinion regarding whether intervertebral disc syndrome or any present neurologic symptoms are related to or have been aggravated by his service-connected chronic recurrent low back strain.

The Board denied the veteran's claims for increased ratings for his low back strain and otitis media, finding that the evidence did not support a higher evaluation under the applicable diagnostic codes.

The Board denied an increased evaluation for bronchitis and degenerative joint disease of the lumbosacral spine, finding that the veteran's symptoms did not meet the criteria for a higher rating.

The veteran's claim for an increased rating for her degenerative joint disease of the lumbar spine was denied, and she is not entitled to a total rating based on individual unemployability.

The Board has determined that the veteran's low back disability and calcaneal spur, left foot, were not incurred or aggravated by service. The preponderance of evidence does not support a finding of service connection for these conditions.

The Board has found that new and material evidence has been submitted to reopen the claim for service connection for back disability. The case is REMANDED to the RO for further action, including scheduling an examination of the veteran's back and neck, considering the reopened claim on its merits, and returning the case if necessary.

The Board has remanded the case due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board has decided to remand the case for additional development, including obtaining medical records and ensuring proper notification under the Veterans Claims Assistance Act of 2000.

The Board has determined that the veteran's degenerative arthritis of the shoulders was not incurred in service and denied his claim for service connection. The rating for lumbosacral strain with degenerative joint disease and degenerative disc disease of the lumbar spine remains at 40 percent.

The Board denied a rating higher than 10 percent for the veteran's lumbar myositis, finding that the evidence did not meet the criteria for such a rating under either the old or new VA rating criteria.

The Board found no evidence of a low back or bilateral shoulder condition during service, and the current conditions are not related to service. Therefore, the claims for service connection were denied.

The Board has remanded the case for further development and review, including obtaining medical opinions on the onset of hypertension and coronary artery disease, scheduling a VA examination to assess the current severity of the service-connected low back disability, and considering all relevant rating criteria.

The Board has determined that the veteran's left knee disability warrants a 20 percent evaluation, and service connection for her back condition is granted as secondary to her left knee disability.