Back / lumbar spine decisions — 2006

The Board denied the veteran's claims for service connection for a back disability and entitlement to TDIU, finding that there was no evidence of a chronic back disability in service or a causal relationship between any current back disability and a service-connected disability.

The Board has determined that the veteran's low back disorder is not service-connected due to lack of evidence showing a direct connection to service or aggravation during active duty for training.

The Board dismissed the appeal due to the veteran's death, and no service connection was granted.

The Board has determined that the veteran's low back disorder is not a result of carelessness, negligence, lack of skill, or errors in judgment by VA during the January 1998 colonoscopy. Therefore, his claim for compensation under 38 U.S.C.A. § 1151 is denied.

The Board has determined that the veteran's back disorder and skin disorders, including psoriasis and actinic keratosis, are not related to his military service. The Board found no evidence of a nexus between these conditions and his time in Vietnam or any other exposure basis.

The Board denied the veteran's claims of service connection for head scar, cervical spine disability, lumbar spine disability, and nasal fracture due to lack of new and material evidence. The veteran did not have a current disability of the nose.

The Board found that the veteran's left hip disability and low back disability were not incurred or aggravated by active service, nor could they be presumed to have been incurred in service. The evidence did not establish a nexus between the disabilities and service.

The veteran's mechanical low back pain has resulted in moderate intervertebral disc syndrome, but not severe enough to warrant a higher rating. The current disability rating of 20 percent is maintained.

The Board denied an increased evaluation for the veteran's degenerative disc disease of the lumbar spine, currently rated at 60 percent.

The Board denied the veteran's claim for an evaluation in excess of 40 percent for his low back disability, finding that the objective findings associated with his condition approximated a severe intervertebral disc syndrome and severe limitation of motion. The criteria for a higher rating were not met.

The veteran's appeal for an increased evaluation for his degenerative disc disease of the lumbar spine has been dismissed as he withdrew his appeal in August 2006.

The VA determined that the veteran's lumbosacral myositis warranted a 20 percent evaluation, which is higher than his current rating of 10 percent.

The Board has denied the veteran's claims for service connection for hypertension, a back disorder, and left knee disorder as they are not related to his military service.

The Board finds that the veteran's low back disability and bilateral pes planus were not incurred in or aggravated by active service.

The veteran's claim for higher ratings for his low back disability and associated lumbar radiculopathy was denied. The RO found that the evidence did not support a rating in excess of 20 percent for lumbosacral strain with degenerative disc disease at L5-L1, or a rating in excess of 10 percent for left lower extremity, lumbar radiculopathy.

The Board found that there is no evidence of a low back disability during service or within one year thereafter, and thus denied the veteran's claim for service connection.

The Board granted service connection for a hiatal hernia, effective from July 1996. The veteran's claims for an increased evaluation of the hiatal hernia and earlier effective dates for lumbar spine injury, arthritis, Scheuerman's disease, kyphosis of the thoracic spine, right thigh hypesthesia, and COPD/chronic bronchitis were denied.

The Board is remanding the case to obtain the veteran's military pay records for the period of July to August 1975 and to issue a Supplemental Statement of the Case.

The Board denied increased ratings for low back strain, cervical strain, and hypertension. The veteran's TDIU claim was also denied.

The Board has determined that the veteran currently suffers from degenerative changes of the lumbar spine, which is linked to his active service. Therefore, the claim for service connection for a low back disorder is granted.