Back / lumbar spine decisions — 2006

The Board has granted service connection for a back disability and a right knee disability, but denied service connection for the status postoperative bilateral vasectomy. The veteran's GERD is currently rated as noncompensable, and his subacute dermatitis of the hands does not meet the criteria for an initial evaluation in excess of 10 percent.

The Board has determined that the veteran's claimed conditions are not related to her service and therefore, service connection is denied for all issues.

The Board found that the veteran's back disability was not incurred or aggravated in service and is not related to his service-connected left knee condition.

The Board has determined that the veteran's pre-existing low back disorder was aggravated during his period of active duty, warranting service connection.

The veteran's service-connected disabilities, including his low back and cervical spine conditions, have rendered him unable to secure or follow a substantially gainful occupation.

The Board finds that the veteran's current lumbar spondylosis with degenerative disc disease L5-S1, status post lumbar laminectomy and L4-S1 fusion, is etiologically related to injuries incurred in service, specifically a motorcycle accident in February 1985.

The Board found that the veteran's back disorder was not permanently aggravated beyond its natural progression during his period of active military service, and thus denied his claim for service connection.

The Board has determined that the veteran's right lower extremity neuropathy warrants a separate 10% disability rating, effective from when his service-connected low back disorder was rated as severe.

The Board has determined that the veteran's current low back disability is most likely due to post-service injuries, and not related to his in-service injury. Therefore, service connection for this condition is denied.

The Board found that the veteran's service-connected lumbosacral strain does not warrant a disability rating in excess of 40 percent, as it is manifested by mechanical low back pain and limitation of motion without unfavorable ankylosis or associated neurological signs.

The Board has granted an increased evaluation of 40 percent for the service-connected low back strain, which was previously rated at 20 percent.

The veteran's appeal is being remanded for a video conference hearing before the Board of Veterans' Appeals.

The Board has dismissed the claims for service connection for bipolar disorder and low back disorder, as well as denied the claim for service connection for post-traumatic stress disorder (PTSD). The veteran's claimed stressors are not verifiable due to inconsistencies in his stories.

The Board found no evidence linking the veteran's current back disability to his service, and denied his claim for service connection.

The Board has denied service connection for the claimed conditions, finding no current diagnosis of a hernia and noting that there is no record of any in-service injury or disease related to these conditions.

The Board has denied the veteran's claim for service connection for degenerative disc disease of the lumbar spine, finding that there is no nexus between his current back disability and any in-service low back injury.

The veteran's service-connected disabilities do not meet the eligibility requirements for a certificate of eligibility for specially adapted housing or a special home adaptation grant.

The Board denied the veteran's claims for increased ratings for bilateral hearing loss and degenerative joint disease of the lumbar spine, finding that the evidence did not meet the criteria for a compensable or higher rating under the applicable VA rating schedule.

The Board denied increased ratings for lumbosacral strain and bilateral leg and foot tendomuscular strain with fibrosis, but granted the reopening of a claim to service connect a right knee strain (also claimed as a Baker's cyst/synovitis).

The Board has determined that the veteran's back disorder does not meet or approximate the criteria for a higher rating than 40 percent, as it does not cause ankylosis of any part of the spine or significant additional functional impairment due to pain, weakness, premature or excess fatigability, or incoordination. The claim is therefore denied.