Back / lumbar spine decisions — 2006

The Board has determined that the veteran's low back disability is service-connected, as it became symptomatic during his active military service and was not clearly and unmistakably present prior to service.

The veteran's claim for an initial rating higher than 20 percent for low back strain with disc bulging was denied. The evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board denied the veteran's claim for an effective date earlier than July 31, 2001 for a 20 percent evaluation for residuals of low back injury. The RO assigned this rating on July 31, 2001 based on VA computer records indicating that the veteran filed his claim at that time.

The Board has determined that the veteran does not have a diagnosed low back or neck disorder that is due to his military service and therefore denied both claims for service connection.

The Board denied the veteran's claims for service connection for various disabilities, including psychiatric, left ankle, left foot, right foot, low back, and neck conditions. The claim of service connection for a hernia was not reopened due to lack of new and material evidence, while the claim of service connection for hypertension was reopened based on new evidence showing current hypertension in active military service.

The September 1992 rating decision is final. New and material evidence has not been received to reopen the veteran's previously denied service connection claim for a back disability.

The Board has remanded the veteran's claims due to the need for further development and examination, including a VA psychiatric examination. The issues of service connection for tinnitus, PTSD, bilateral hearing loss, an eye disorder, and a back disorder are being addressed.

The VA denied the veteran's claim for service connection for a back disability as there is no current evidence of such condition.

The Board denied service connection for a back disability and an increased evaluation for postoperative osteochondritis dessicans, left knee. The claim for an initial compensable evaluation for arthritis of the right hip was also denied.

The Board has determined that the veteran's current low back disability is not related to service and therefore denied his claim for service connection.

The veteran's claims for service connection and initial evaluations were denied. The Board found that the evidence did not support a grant of higher ratings based on the criteria set forth in VA regulations.

The Board has remanded the case for further development, including scheduling orthopedic and neurologic examinations to determine the nature and severity of the veteran's service-connected herniated lumbar disk and any related neurologic exacerbations.

The Board denied the veteran's claims of service connection for an acquired psychiatric disorder, a low back disorder, and diabetes mellitus. The Board found that there was no evidence to support these claims based on direct service connection.

The Board denied the appellant's claim for an effective date prior to October 19, 2001 for a 40 percent evaluation for his service-connected lumbosacral strain. The earliest possible effective date is October 19, 2001.

The Board finds that the preponderance of the evidence is against the veteran's claims for service connection for left wrist, left arm (to include tennis elbow), back, sub-deltoid bursitis of the left shoulder, and right ankle disabilities. The veteran does not have a current disability as claimed.

The Board has remanded the case for further development due to scheduling issues.

The Board found no evidence linking the veteran's current diagnoses to his military service and denied all three claims for service connection.

The veteran's claim for an increased rating for his low back disability prior to September 9, 2004 was granted with a 10 percent rating. The claim for a higher rating as of September 9, 2004 was denied.

The Board denied the veteran's claims for service connection for ovarian cysts, an endometrial disability, and obesity with low back pain. The evidence did not show any current disabilities related to these conditions in service or due to service-connected conditions.

The Board found that the veteran's current low back disability was not caused by any injury or event in service, and thus denied his claim for service connection.