Back / lumbar spine decisions — 2006

The Board has remanded the case due to inadequate VHA opinion and need for additional service medical records.

The Board has reopened the veteran's claims for service connection for arthritis of multiple joints and a right shoulder disability, but further development is needed to determine if these conditions are related to service.

The Board has determined that the veteran's low back condition is not related to service and therefore denied her claim for service connection.

The veteran's claims for service connection for a low back disorder secondary to his service-connected bilateral pes planus and an increased rating for his bilateral pes planus are being remanded due to the need for further adjudication.

The Board has determined that the veteran's low back disability, manifested by severe limitation of motion and radiculopathy, warrants a 40 percent evaluation.

The Board has determined that the veteran's current back disorder is not related to his military service and denied his claim for service connection.

The Board found that the veteran's scoliosis and lumbosacral strain were not incurred or aggravated during service, as his condition was pre-existing and did not worsen in service.

The Board has determined that the submitted evidence does not relate to an unestablished fact necessary to substantiate the claim for service connection for a low back disorder and thus, the claim is denied.

The Board found that the veteran's left common carotid artery subclavian bypass surgery and lumbar spine stenosis were not caused by VA hospital care or medical treatment, thus denying his claims under 38 U.S.C.A. § 1151.

The Board found no evidence of a chronic low back disorder or arthritis first shown decades after service, and concluded that the veteran's current conditions are not related to his military service.

The Board has determined that the veteran does not have a current diagnosis of low back disability and therefore cannot establish service connection for this condition. The claim for an increased rating for thoracic spine disability is denied as there is no evidence of unfavorable ankylosis or intervertebral disc syndrome.

The Board found that the appellant's claimed conditions of chondromalacia of the right and left knee, as well as lumbosacral strain with pain, limitation of motion, and x-ray evidence of degenerative disc disease at L2-3 through L5-S1, with spondylosis, were not incurred or aggravated by military service. The Board concluded that there was no credible evidence to support the appellant's claims.

The Board has granted service connection for DJD and DDD of the cervical, thoracic, and lumbar spines. However, it found that the veteran's disability does not warrant a higher initial rating than 10 percent.

The veteran's cervical spine disability is currently rated at 10 percent, and the Board found that a higher rating is not warranted.

The Board has decided to remand the case for additional development, including obtaining missing service medical records and Social Security Administration records.

The VA has granted an increased evaluation of 40 percent for the veteran's service-connected chronic lumbar strain, effective from the date of the May 2003 rating decision. The veteran's claim for TDIU remains pending.

The Board has determined that new and material evidence has not been received to reopen the veteran's claims for service connection of low back, right shoulder, and right hip disabilities. The RO previously denied these claims in September 2000 due to lack of evidence linking current disabilities to service.

The Board dismissed the appeal due to the appellant's request for withdrawal of his appeal.

The veteran's thoracolumbar spine disability is rated at 40 percent, left ankle disability at 10 percent, and bronchial asthma at 30 percent. The veteran does not have a service connection for his right hip or knee disabilities. His initial rating for the thoracolumbar spine disability was denied, as were his requests for increased ratings for the left ankle and bronchial asthma.

The veteran's appeals for higher initial disability ratings for cervical and lumbar spine disorders have been withdrawn, resulting in the dismissal of the appeal.