Back / lumbar spine decisions — 2006

The Board has remanded the case for an orthopedic examination to determine the current severity of the veteran's lumbar spine condition. The claim will be reviewed again after this additional evaluation.

The veteran's low back disability is not manifested by more than slight limitation of lumbar spine motion, and the claim for an initial rating in excess of 10 percent for low back disability is denied.

The Board denied service connection for the veteran's claimed disabilities, including a right knee disability, low back disability, tinnitus, and right shoulder disability. The decision also addressed other issues such as dental surgery residuals and left foot fungus.

The Board denied the veteran's claims for increased disability ratings and service connection, finding that her bilateral plantar fasciitis did not warrant a rating higher than 10 percent.

The Board denied the veteran's claim for service connection for a psychiatric disability and his claim for service connection for a lumbar/thoracic spine condition, both of which were previously denied. The evidence submitted did not raise a reasonable possibility of substantiating these claims.

The Board has determined that the veteran's claimed low back condition, including degenerative disc disease, lumbar spondylosis and mechanical low back pain, is not related to his military service. As a result, the claim for service connection is denied.

The veteran's service-connected lumbosacral strain is rated at 40 percent, and his anxiety reaction with tension headaches is rated at 30 percent. The veteran has not met the criteria for a higher rating under either diagnostic code.

The veteran's claims for service connection for a low back disability and left knee disability, both claimed as secondary to his service-connected left foot disability, are being remanded for further development.

The Board has decided to remand the case for additional development, including obtaining medical records and conducting a VA examination.

The veteran's claims for increased evaluations and service connection were denied. The Board found that the evidence did not support an increased evaluation for bilateral hearing loss or a separate evaluation of sciatica as a neurological component of traumatic degenerative joint disease of the lumbar spine, nor did it support service connection for right and left leg disorders.

The Board has denied the veteran's claim for service connection for a low back disability and an initial rating in excess of 60 percent for Meniere's disease. The preponderance of evidence is against these claims.

The veteran's appeal has been withdrawn prior to the Board making a decision.

The veteran is seeking service connection for hepatitis C and low back disability. The Board has determined that a VA examination is required to determine the etiology of any current low back disability, and additional VCAA notice is needed regarding disability ratings and effective dates.

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

The Board has granted a 50 percent rating for the service-connected lumbosacral strain, effective from September 26, 2003.

The Board has granted service connection for tinnitus, finding that it is at least as likely as not attributable to the veteran's service-connected left ear hearing loss. The remaining issues on appeal are being remanded for additional development.

The case is being remanded to the RO for scheduling a hearing and readjudication of the issues on appeal.

The Board has reopened the veteran's claim for service connection for a low back disorder and remanded it to the RO for further development.

The Board has determined that the veteran's current left knee disability is related to a left knee injury incurred in service. The issue of entitlement to service connection for osteoarthritis of the right knee and degenerative joint disease, lumbar spine, will be adjudicated on both direct service connection and secondary service connection bases.

The Board has determined that new and material evidence has not been submitted to reopen the claims for service connection for lumbosacral strain, prostate disorder, and hypertension. The veteran's claims were previously denied in June 1999 due to lack of evidence showing these conditions during or within one year after service.