Back / lumbar spine decisions — 2006

The Board has remanded the case due to an inadequate medical opinion and requires a new examination to determine if the veteran's back disability is related to his military service.

The Board has granted service connection for the veteran's migraine headaches, right wrist disorder, lumbosacral strain/injury, and left shoulder disorder. The decision also addressed evaluations for these conditions, with some issues being granted initial or increased ratings.

The veteran's low back disability was rated at 10 percent from May 19, 2001, to March 25, 2006. From March 26, 2006, the rating was increased to 20 percent.

The veteran's claim for a higher initial rating for his service-connected degenerative disc disease and degenerative joint disease of the lumbosacral spine is being remanded due to inadequate examination reports.

The Board finds that the evidence is in equipoise, and concludes that service connection for lumbar disc disease is warranted.

The Board has granted service connection for tension headaches and denied service connection for a lumbar spine levorotational scoliosis with developmental spina bifida T12-L1, as well as left eye disability (optic neuropathy, myopia, astigmatism).

The Board of Veterans' Appeals has determined that the veteran's lumbosacral strain and arthritis are not due to any event or incident during his period of active service, and thus denied his claim for service connection.

The Board has granted the veteran's requests to reopen claims for service connection for an acquired psychiatric disorder and a low back disability, but denied other issues. The hearing request is pending.

The Board found that the veteran's current low back disabilities, diagnosed as degenerative disc disease and degenerative changes, are not attributable to service nor was arthritis of the low back manifest during service or within one year thereof. Therefore, the claim for service connection is denied.

The Board has remanded the case for additional development, including a VA examination and proper VCAA notice.

The veteran's claim for increased ratings for his service-connected low back strain is being remanded due to the need for additional medical examination and development of evidence. The case also includes a secondary service connection claim for degenerative disc disease of the lumbar spine with facet arthropathy and radiculopathy.

The veteran's service-connected low back disorder is rated at 20 percent prior to September 23, 2002. As of that date, separate ratings for the neurologic manifestations affecting both lower extremities are granted.

The Board denied the veteran's claims for increased rating for plantar callosities of the left foot, service connection for a bilateral knee condition as secondary to the service-connected plantar callosities of the left foot, and reopening of his claim for low back condition as secondary to the service-connected plantar callosities of the left foot.

The Board denied service connection for vision impairment, thrombocytosis, lumbar and cervical spine conditions, degenerative joint disease of the right knee and hip, and bilateral numbness and tingling in the hands and fingers.

The Board has determined that further development is necessary and the case is being remanded to the RO for additional efforts to obtain service medical records, as well as any relevant prison records. The veteran's flat feet claim will be reviewed by a VA examiner who will provide an opinion on whether there is a 50% probability or greater that the disability was incurred or aggravated during service.

The Board has determined that the veteran's claims must be remanded for further development, including obtaining VA and private medical records, scheduling VA examinations, and considering both the previous and revised rating criteria for evaluating back disabilities.

The veteran's claim for service connection for a ruptured right eardrum is denied as there is no evidence of a current disability. The claim for higher evaluations for low back disorder and radiculopathy of the lower extremities since September 23, 2002, is also denied.

The Board has determined that new and material evidence has been received to reopen the veteran's claims for service connection for a low back disability and a psychiatric disorder. However, additional development is required as both claims involve de novo review.

The Board found no evidence of current disabilities for the claimed left ankle, bilateral shoulder, bilateral elbow, and low back conditions that are related to service. Therefore, the claims for these conditions were denied.

The Board has granted service connection for a thyroid disorder and low back disability on a secondary basis to the veteran's service-connected seminoma of the left testicle.