Back / lumbar spine decisions — 2006

The Board has denied the veteran's claims for service connection for a right hand disorder and a lumbar spine disorder, finding no evidence of current disabilities or service origin.

The Board has determined that the veteran does not have a right knee disorder related to service and denied his claim for service connection. The issue of a back disorder is addressed in the REMAND portion of the decision.

The veteran's appeal for service connection for degenerative disc disease of the lumbosacral spine with spinal stenosis, claimed as joint pains due to an undiagnosed illness, has been dismissed because his attorney withdrew the claim prior to a decision.

The veteran's claim for an increased rating for his service-connected lumbar disc disease is being remanded to allow for the collection of additional medical records and a VA examination.

The Board denied the veteran's claims for service connection of headaches and an increased rating for low back disability. The Board found no evidence linking the veteran's current headaches to her military service, and determined that her low back disability did not meet the criteria for a higher rating under the applicable VA regulations.

The Board has decided to remand the case for further development, including a VA examination and consideration of additional evidence.

The Board denied service connection for a low back disability and peripheral neuropathy of the hands and lower extremities, finding no evidence linking these conditions to service or service-connected epilepsy. The veteran's post-traumatic stress disorder was also found not to warrant an initial rating higher than 70 percent.,The claim for reopening the hearing loss claim is referred to the RO.

The Board has granted the veteran's claim for service connection for a low back disorder, finding that his pre-existing spina bifida occulta was aggravated by injuries sustained during service. The veteran is now entitled to compensation for this condition.

The Board has determined that the veteran's low back condition was not incurred in or aggravated by service, nor may it be presumed to have been so incurred or aggravated. Therefore, the claim for service connection is denied.

The Board of Veterans' Appeals (BVA) has remanded the case for further development, including an orthopedic and neurological examination to assess the veteran's service-connected low back disability. The BVA also requested a specific analysis as to whether the veteran is entitled to higher ratings based on combined orthopedic and neurologic manifestations.

The veteran's appeal is being remanded to the RO for scheduling a new hearing before a Veterans Law Judge at the RO. The current evaluation of his service-connected low back disability remains unchanged, but he wishes to present additional arguments or evidence.

Throughout the rating period, the veteran's low back disability was manifested by complaints of pain and limited motion. The VA determined that a 20 percent evaluation for lumbosacral strain with degenerative disc disease is appropriate.

The Board has determined that service connection is not warranted for chronic sinusitis, migraine headaches, left ear hearing loss, or a low back disorder.

The Board found that the appellant does not have a back disability attributable to his service, including his reserve training from July 27 to August 10, 2003. The evidence did not show any injury or aggravation of an existing condition during these periods.

The Board has determined that the veteran's low back disability, which is presumed to have existed prior to service and did not increase in severity during service, was incurred during service. As a result, the claim for service connection for low back disability is granted.

The veteran's claims for service connection and increased ratings are being remanded due to the need for additional medical examinations.

The Board has decided to remand the case for further development, including scheduling an orthopedic examination and obtaining a medical opinion regarding the etiology of the veteran's low back disability.

The VA determined that the veteran's service-connected chronic lumbosacral strain, with degenerative disc disease and degenerative joint disease at L2-3 and L3-4, does not warrant an evaluation in excess of 40 percent.

The VA Board found no evidence of a low back disability, bilateral leg disorder, or chest pain that originated in service and is not related to service. Therefore, the veteran's claims for these conditions were denied.

The Board has reopened the veteran's claim for service connection for arthritis of the shoulders, cervical spine, and lumbar spine due to new evidence submitted since the August 2001 denial. The Board found that the current diagnoses are not related to military service.