Back / lumbar spine decisions — 2006

The Board has determined that the veteran's claimed conditions, including headaches, low back disorder, and bilateral leg and ankle disorder, were not incurred or aggravated by active military service. The evidence does not support a finding of chronicity or continuity of symptomatology since service.

The Board has denied the veteran's claims for service connection for a bilateral ear disability and a low back disability. The claim for the bilateral ear disability was previously denied due to lack of evidence of chronic disability, while the low back disability claim was denied as there is no indication of any chronic disability during or following service.

The veteran's claim for an effective date earlier than December 31, 1997 for service connection for degenerative disc disease of the lumbar spine was granted. The earliest effective date is November 10, 1982.

The veteran's claims for increased ratings and TDIU benefits were denied as his service-connected disabilities did not render him unable to secure or maintain substantially gainful employment.

The Board found that the veteran's lumbar spine disorder is not related to his service-connected pilonidal cystectomies and denied both claims for service connection and a total disability rating based on individual unemployability.

The veteran's claims for increased ratings and an earlier effective date are being remanded due to procedural issues.

The veteran's claims for increased ratings have been granted, with the effective dates being from the date of the initial rating decisions.

The Board has determined that the veteran does not have a current disability for right knee strain or PTSD, and there is no evidence linking these conditions to service. Therefore, service connection for both conditions is denied.

The Board denied the veteran's claim to reopen his service connection for a low back disability, finding that new and material evidence had not been submitted.

The veteran's low back disability is rated at 40 percent, and his migraine headaches are rated at 30 percent. The appeal for higher ratings is granted.

The VA has determined that the veteran's degenerative changes of the lumbosacral spine warrant a 40 percent disability rating, which is the maximum assigned under current regulations. The condition does not meet criteria for higher ratings based on additional functional loss or other factors.

The RO denied the veteran's claim for service connection for arthritis of the lumbar spine, claimed as osteomyelitis, in August 2000. The veteran did not appeal this decision.

The Board denied the veteran's claim for a rating in excess of 30 percent for his low back disorder, finding that the evidence did not meet the criteria for such an increase under VA's rating criteria.

The veteran's appeal is being remanded due to the need for additional evidence and a contemporaneous examination.

The veteran's appeals for increased ratings for his service-connected low back strain, right ankle arthritis, left ankle strain, and chronic sinusitis have all been denied.

The veteran's appeal is being remanded for a Board hearing before a Veterans Law Judge.

The veteran's application for RH insurance was denied because he did not meet the 'good health' criteria, as his nonservice-connected conditions exceeded the allowed threshold.

The Board has remanded the case for additional proceedings due to potential loss of service records and the need for a VA examination.

The veteran's service-connected low back disorder and degenerative disc disease at L4-5 were found to not warrant evaluations in excess of the assigned ratings prior to December 3, 1995 and after that date.

The veteran's low back disability is currently rated at 40 percent, and his right leg thrombophlebitis is also rated at 40 percent. The Board found that neither condition warrants a higher rating based on the current evidence of record.