Back / lumbar spine decisions — 2006

The Board has reopened the claim of service connection for bilateral hearing loss due to new and material evidence. However, further development is needed before rendering a decision on the merits as VA will notify the veteran if additional action is required.

The Board granted a 40 percent evaluation for degenerative disc disease of the lumbosacral spine, effective from April 21, 1997. The decision was based on the appellant's subjective complaints and objective findings that did not meet criteria for higher ratings.

The veteran's death was not caused by any service-connected disability, and the discontinuation of blood thinners did not contribute to his death. The cause of death was a combination of factors including a methadone overdose.

The Board found that the veteran's low back disability did not have its onset during service and is not otherwise related to any inservice injury or disease.

The veteran's lumbosacral strain warrants a staged rating of 20 percent from October 25, 2005 and 10 percent from December 30, 2005.

The Board has determined that the veteran's service connection claims for a back disorder, pilonidal cyst, chemical burns resulting in skin rash with loss of hair and nails, and rupture of creative organ (left testicle) are denied as there is no evidence to support these claims.

The Board of Veterans' Appeals has denied the veteran's claim for service connection for a low back disability, finding that his current condition is not related to service.

The Board denied the veteran's claim for a rating in excess of 60 percent for lumbosacral strain with traumatic arthritis, finding that the disability picture did not warrant such a higher rating based on the current evidence.

The Board found that the veteran does not have a cervical and lumbar spine disability, to include arthritis and disc disease, etiologically related to active service.

The Board found that the veteran's low back disorder and bilateral hearing loss were not incurred or aggravated by service, and thus denied both claims.

The Board denied the veteran's claims for an evaluation in excess of 20 percent prior to October 23, 1996 and a higher evaluation for his service-connected lumbar spine disability.

The Board denied the veteran's claims for restoration of a 20 percent disability rating and an increased disability rating for his service-connected lumbar spine disability, finding that the RO reduced the rating from 20 to 10 percent without considering pertinent law and regulations.

The veteran's low back disability is manifested by severe disc disease and neurological findings including sciatic neuropathy, warranting a higher initial rating of 60 percent.

The Board denied the veteran's claims of service connection for a low back disorder, an initial compensable rating for traumatic hematuria, and a rating in excess of 10 percent for his left knee injury. The reasons were that there was no medical evidence linking these conditions to service, and the veteran failed to report for necessary VA examinations.

The Board denied service connection for lumbar disc disease and spinal arachnoiditis, finding no evidence of a nexus between the conditions and active duty service.

The Board has reopened the veteran's claim for service connection for a chronic low back disability. The case is being remanded to obtain additional VA examinations and opinions regarding the nature and etiology of the veteran's current skin condition, benign prostatic hypertrophy, and knee problems, as well as to determine if these conditions are related to his exposure to Agent Orange during service.

The VA denied the veteran's claim for an increased rating for his service-connected degenerative joint disease of the lumbar spine, currently rated at 40 percent.

The Board denied the veteran's claims for increased disability ratings for his service-connected left shoulder disorder, degenerative disc disease of the lumbar spine, residuals of right and left tibial stress reactions, and bilateral pes planus and plantar fasciitis. The evidence did not support a higher rating under any applicable diagnostic codes.

The veteran's claims for service connection for various knee and hip disabilities as secondary to his service-connected right ankle trauma are being remanded due to incomplete VCAA notice, inadequate medical evidence of record, and the need for further examination.

The Board has determined that the veteran did not timely file a substantive appeal with respect to the May 2003 denial of service connection for low back disability. As such, the Board lacks jurisdiction to consider this claim on its merits.