Back / lumbar spine decisions — 2006

The Board denied the veteran's claims for increased ratings and effective dates for his service-connected lumbosacral strain, cervical strain, right knee strain with patella bursitis, left knee strain with patella bursitis, and pseudofolliculitis barbae.

The veteran's lumbar spine disorder and right hip disability are being remanded for further examination to determine if they are related to his service-connected gunshot wound residuals.

The Board finds that the preponderance of evidence is against a finding that degenerative joint disease of the lumbar spine was caused or aggravated by service-connected right knee disorder. The claim for secondary service connection for left leg shortening as well as other issues are remanded.

The Board has ordered additional development to obtain the veteran's service medical records and verify his periods of active duty for training. The case will be remanded for further examination and opinion regarding the etiology of any low back disorder found to be present.

The veteran is seeking an earlier effective date for the grant of service connection for a low back disability. The case has been remanded to locate any prior claims filed by the veteran.

The Board has remanded the case for additional development, including obtaining Social Security Administration records and VA treatment records. The veteran's stressor allegations will also be verified, and he will undergo appropriate examinations to determine the nature of his current disabilities.

The Board has determined that the veteran's current lumbar spine disability, including a lumbar strain, is service-connected due to an in-service accident where he ran over a landmine while operating a bulldozer. The evidence of record falls at least in relative equipoise regarding the origin of the disability.

The Board has determined that no new and material evidence has been presented to reopen the RO's 1964 decision that self-inflicted injuries of April 23, 1963 were not incurred in the line of duty.

The Board has denied the veteran's claims of service connection for a bilateral foot disability and a chronic low back disability, finding no evidence to support these claims based on his military service.

The Board denied a higher initial evaluation for the veteran's lumbosacral spine disability, finding that the evidence did not support a rating in excess of 40 percent.

The veteran's appeal has been withdrawn, and the case is dismissed.

The veteran's service-connected disabilities are not sufficiently disabling to preclude him from securing or following substantially gainful employment, and his TDIU rating claim is denied.

The VA has determined that the veteran does not have a right ankle disorder, gastrointestinal/gastroesophageal disability, dorsal spine disability, or bilateral shoulder disability that is service-connected. The lumbar strain condition also cannot be linked to service.

The Board found that the cause of the veteran's death was not related to his military service, and thus denied entitlement to service connection for the cause of death. The appellant is also not entitled to DIC under 38 U.S.C.A. § 1318 as she did not meet the required criteria for a total disability rating based on individual unemployability.

The Board has determined that service connection is not warranted for the veteran's Gilbert's disease and an increased rating is not warranted for his low back disability.

The veteran's low back disability is currently rated at 40 percent, and he does not meet the criteria for a TDIU. The Board found that his service-connected disabilities do not preclude him from securing or following substantially gainful employment.

The Board denied service connection for a low back disability, finding that there was no evidence of a current disability related to the veteran's military service.

The veteran's service-connected Raynaud's disease and lumbar spine disability were both granted increased ratings. Service connection for various conditions was denied or not addressed.

The Board has reopened the claim of entitlement to service connection for postoperative residuals of bilateral inguinal hernias due to new and material evidence being received. The claims for back disorder and German measles were denied as there was no competent medical evidence relating these conditions to active service.

The Board denied the veteran's claims for a higher rating for myositis of the lumbar spine and service connection for bilateral shoulder and cervical spine disorders, finding that his disability did not warrant an increased rating or service connection based on the evidence provided.