Back / lumbar spine decisions — 2006

The Board has denied the veteran's claims for service connection for bilateral knee disability, low back disorder, and bilateral hip disorder due to a lack of evidence showing a causal relationship between these conditions and his military service.

The veteran's claims for service connection are being remanded due to the need for additional development, including VA examinations.

The Board found that there is no competent evidence of current chronic conditions for the claimed disabilities and denied service connection for all issues.

The Board found that the veteran's low back disorder did not have its onset in service or pre-existed service and was permanently worsened therein. The claim for GERD was denied as it is not a condition related to service connection. The initial compensable rating for migraine headaches was granted.

The Board found that the veteran's spine conditions are not proximately due to or the result of his service-connected right knee disability, nor were they directly related to any remote incident of service.

The Board has denied the veteran's claims for increased ratings for migraine headaches, hearing loss, and low back disability. The veteran is currently rated at 10 percent for each of these conditions.

The Board has reopened the veteran's claim of entitlement to service connection for a back disorder due to new and material evidence. However, further development is needed as there are no medical records showing complaints or diagnoses related to this condition within 13 years following service. The veteran should be provided with corrective notice under 38 U.S.C.A. § 5103(a) and the claim for a total disability evaluation based on individual unemployability must also be addressed.

The veteran's low back disorder is currently rated at 20 percent, and his right knee disorder is also rated at 20 percent. Both conditions do not meet the criteria for a higher rating.

The Board has determined that new and material evidence has been received to reopen the veteran's claims of service connection for a nasal disorder and a low back disorder. The veteran sustained injuries during service, which resulted in chronic conditions. The medical opinion supports these findings.

The Board has determined that new and material evidence was received to reopen the veteran's claims of service connection for a chronic prostate disorder to include prostatitis and a chronic back disorder to include low back strain and spina bifida occulta. The appeal is considered 'mixed' as some issues were granted while others were denied.

The Board denied higher disability ratings for the veteran's lumbar spine injury with osteoarthritis and disc disease, finding that the evidence did not meet the criteria for a rating higher than 20 percent prior to April 2005 or higher than 40 percent since April 2005.

The Board denied the veteran's claims for service connection for low back, right hip, right ankle, and right foot disorders. The evidence did not establish a link between these conditions and his military service.,There was no chronicity of symptoms in service or within one year post-service that would support presumptive service connection.

The VA denied the veteran's claim for a higher initial evaluation of his service-connected degenerative disc disease, L3-4, L4-5 and herniated nucleus pulposus, L3-4, as it did not meet the schedular criteria for a rating in excess of 40 percent.

The Board found that the veteran's service-connected lumbosacral spine disability did not warrant a higher rating prior to October 25, 2005 and was only rated at 10 percent from that date. The cervical spine disability was also rated at 10 percent from October 25, 2005. The veteran's service-connected musculoskeletal headaches were rated as noncompensable prior to October 25, 2005 and a rating higher than 10 percent beginning that date.

The Board found that the evidence received since the December 1970 rating decision is not new and material, thus denying the reopening of the claim for service connection for a lumbar spine disorder.

The Board found that the veteran's current low back disability is not related to his time in service and denied his claim for service connection.

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

The Board has denied the veteran's claims for service connection for a low back disorder, an eye disability, and malaria. The evidence does not support a finding that these conditions are related to service.

The Board found that the veteran's pre-existing bilateral pes planus did not undergo aggravation during service and denied his claim for service connection. The back disability was initially diagnosed more than 35 years after discharge, and there is no evidence linking it to service or a service-connected condition.

The Board found that the veteran's claimed conditions are not service-connected and denied his claims for service connection.