Back / lumbar spine decisions — 2006

The Board found that the veteran's current low back disability was not incurred in or aggravated by his military service and denied his claim for service connection.

The Board finds that the preponderance of the evidence is against the grant of service connection for instability of the left ankle, as there is no competent evidence showing a current disability related to an in-service injury.

The Board has determined that the veteran's low back disorder is related to service, and granted a 10 percent evaluation for bilateral plantar fasciitis. The appeal concerning an increased rating for the fracture of the second toe with osteoarthritis and capsulitis of distal interphalangeal joint, mallet toe, was withdrawn by the veteran.

The Board found no evidence linking the veteran's DDD of the cervical and thoraco-lumbar spine to service, denied service connection for a right eye disorder, and denied service connection for athlete's feet with callus formation.

The VA denied a higher rating for low back strain, finding that the veteran's symptoms did not meet criteria for a higher rating based on limitation of motion or incapacitating episodes.

The Board has determined that the veteran's claimed low back and right leg conditions were not incurred or aggravated during his period of service, and arthritis of the lumbar spine may not be presumed to have been incurred in service. The residuals of a fracture of the right tibia and fibula are also denied.

The Board has determined that the veteran's scoliosis of the thoracic/lumbar spine with chronic pain was not incurred in or aggravated by active service and may not be presumed to have been so incurred or aggravated.

The Board has remanded the case due to insufficient development of evidence, including a need for a new VA examination and obtaining all relevant medical records.

The Board denied service connection for a low back disability, finding that the evidence did not show any chronic spinal condition in service or within one year of separation. The VA examination reports and medical opinions were against the claim.

The Board found that the veteran's cervical spine, diabetes mellitus, lumbar spine, stomach, hemorrhoids, and hypertension conditions were not incurred or aggravated by service. The presumption of soundness does not apply as a pre-existing condition was noted at entry into service.

The Board has determined that the veteran's claims for increased initial ratings for lumbar strain, left knee disorder, and hemorrhoids are denied as there is no evidence of a compensable disability rating under applicable VA rating criteria.

The veteran's combined disability rating is 80 percent, but his service-connected disabilities do not preclude substantially gainful employment.

The Board found that the veteran's degenerative disc disease of the lumbar spine is manifested by forward flexion to at least 58 degrees and extension to at least 15 degrees, with some numbness in the left lower extremity. The disability does not meet or approximate criteria for a higher rating under any applicable diagnostic codes.

The Board found no evidence of a chronic underlying back disability to account for the veteran's complaints of pain in service, and denied his claims for low back disability. For left ulnar neuropathy, the Board concluded that there was sufficient medical evidence indicating its current condition is consistent with the diagnosis made during service.

The Board denied the veteran's claims for service connection for residuals of a lumbar contusion and post-concussion syndrome with post-traumatic stress disorder, as well as his claim for a total disability rating based on individual unemployability due to service-connected disabilities. The veteran's current conditions are rated at 50 percent.

The Board has reopened the veteran's previously denied claim of service connection for a low back condition, but has determined that new and material evidence was not provided to support this claim. The Board found no chronic disability related to active service and concluded that the veteran did not have a low back condition during his military service or within one year after separation.

The Board has determined that the veteran's lumbar spine L4-5 disc disease with radiculopathy in the left leg warrants a 60 percent evaluation under the old and new schedule for rating spine disabilities.

The veteran's claims for increased ratings for his neck injury, low back strain, and left knee condition were denied as the evidence did not meet the criteria for higher ratings under either the old or new VA rating criteria.

The Board has remanded the case for additional development, including obtaining VA treatment records and providing VCAA notice. The veteran's claim will be reconsidered based on the new evidence.

The veteran's claims for service connection and increased ratings were denied. The Board found that the veteran did not have current diagnoses of bilateral hearing loss, bilateral axillary abscesses, or degenerative arthritis in either knee. The veteran also did not meet the criteria for a compensable rating for his cervical spine or lumbar spine conditions.