Back / lumbar spine decisions — 2006

The veteran's request for a Board hearing has been transferred to the Los Angeles Regional Office, and he is scheduled for a hearing. The case will be returned to the Board after the hearing.

The Board denied the veteran's claims for service connection for chloracne, arthritis (claimed as bone deterioration), heart disease, a low back disability, and a left knee disability due to exposure to herbicides. The evidence did not show that these conditions were related to service or to in-service exposure to Agent Orange.

The VA denied service connection for degenerative joint disease of the lumbar spine, concluding that there is no evidence linking the current condition to military service.

The Board has determined that new and material evidence was submitted to reopen the claim of service connection for a low back disability. The claim is granted as the medical evidence, while in equipoise, places the burden of proof on VA to find that the veteran's current low back disability is related to his active duty service.

The Board has determined that the veteran's claims for service connection for various conditions, including right ear condition, left ear hearing loss, tinnitus, sinus polyps and deviated septum, bilateral knee arthritis, lumbar spine arthritis, cervical spine arthritis, and PTSD, are not supported by the evidence of record.

The Board found that the evidence submitted was not new and material to reopen the claim for service connection for a low back condition.

The Board has ordered a remand to determine if any other low back conditions are related to the service-connected ankylosing spondylitis and whether they have been aggravated by it.

The Board has found that the record is not sufficiently developed to ensure an informed decision and has ordered additional examinations, records reviews, and evidence collection. The veteran's nonservice-connected conditions need to be rated appropriately.

The Board has determined that the veteran's claim for service connection for low back injury requires additional development and a medical examination to determine if there is a causal relationship between his current disability and his active military service.

The veteran's low back disability is rated at 20 percent, effective September 26, 2003. The claim for service connection of bilateral knee disability has been reopened due to the receipt of new and material evidence.

The Board has remanded the veteran's claims for service connection due to a lack of VA examination and treatment records, and will provide another opportunity for evaluation.

The Board has granted service connection for degenerative disc disease of the lumbosacral spine, finding it related to injury during active service. The veteran's other claims remain pending.

The veteran's PTSD is service-connected, but his low back disability and second degree burns are not. The inguinal hernia claim was granted with a 30% rating.

The veteran's service-connected degenerative disc disease with herniated nucleus pulposus, degenerative joint disease, and lumbosacral paravertebral fibromyositis is rated at 60 percent prior to September 23, 2002, and the combined rating for all disabilities remains at 60 percent after that date.

The veteran's postoperative lumbosacral disc disease is rated at 40 percent prior to November 18, 2003 and at 30 percent from that date. Her maxillary sinusitis with allergic rhinitis remains rated at 10 percent.

The veteran's claims for increased ratings and SMC were denied. The cervical spine disability is not manifested by pronounced intervertebral disc syndrome or unfavorable ankylosis, while the lumbar spine disability is not manifested by unfavorable ankylosis of the thoracolumbar or entire spine.

The Board denied the veteran's claims for increased evaluations for his service-connected lumbar spondylosis, post-operative diskectomy L5-S1 and L4-5. The evaluation was found to be in excess of what is warranted under VA regulations.

The Board has determined that the veteran's service-connected left knee disability caused an increase in his right knee disorder, disabilities of the hips, and a low back disorder. Therefore, these conditions are considered secondary to his service-connected left knee disability.

The veteran's cervical spine disability is rated at 20 percent, effective April 1999.,Service connection for left knee strain residuals and chronic musculoskeletal pain of the left shoulder are granted.

The veteran's back disability, characterized by severe lumbosacral strain with Goldthwait's sign positive at 75 degrees and limited motion, meets the criteria for a 40 percent evaluation under the revised rating criteria effective September 23, 2002.