Back / lumbar spine decisions — 2006

The veteran's appeal is being remanded for further development at the RO level. The issues include seeking service connection and higher ratings for various knee and back conditions.

The Board has dismissed the veteran's appeals for increased ratings on lumbar disc disease, left knee chondromalacia patellae, and right knee chondromalacia patellae as he withdrew his appeal in its entirety.

The Board denied the veteran's claims for service connection of low back pain as secondary to his right knee disability and increased ratings for hearing loss and residuals of gun shot wound to the right knee. The evidence did not support a higher rating for any condition.

The Board finds that the veteran's current low back degenerative disc disease is likely due to a service-related injury and grants service connection for this condition.

The veteran's claims for increased ratings for tinnitus and degenerative disc disease of the lumbar spine were denied as there is no legal basis for assigning a schedular evaluation in excess of 10 percent for each condition.

The Board found no current disabilities for the low back, right knee, or right ankle. The hearing loss was within normal limits. Service connection is denied as there is no evidence of a diagnosed disability in service and no medical nexus to service.

The Board denied service connection for a low back disorder, bilateral hearing loss, and tinnitus. The veteran's dermatophytosis/dermatitis was granted a 30% rating.

The Board denied the veteran's claims for service connection for right and left hand disorders, an evaluation in excess of 10 percent for lumbar myositis prior to March 11, 2005, a rating in excess of 40 percent for lumbar myositis from March 11, 2005, and compensable evaluations for status post exploratory laparotomy and right salpingectomy and peripheral insufficiency secondary to incompetent valves. The veteran's presbyopia was found not to be service-connected due to it being a developmental disorder.

The veteran's appeal is being remanded for further development, including obtaining Social Security Administration records and addressing the issue of increased evaluations for degenerative disc disease L5-S1 and bilateral radiculopathy of lower extremities.

The veteran's service-connected low back disability is not productive of ankylosis or incapacitating episodes, and thus does not meet the criteria for a rating in excess of 40 percent.

The Board denied the veteran's claim for service connection as his degenerative disc disease of the lumbosacral spine was not incurred or aggravated in his active duty service and is not presumed to be related.

The Board has determined that the veteran's claims of service connection for a back disability and PTSD have been denied as there is no medical evidence showing the presence of these conditions, and her statements are not considered competent evidence.

The Board denied the veteran's claims for service connection for a right knee disorder, bilateral hearing loss, and an increased rating for chronic lumbar strain. The veteran is not entitled to these benefits.

The Board denied the veteran's claims for increased ratings for various service-connected conditions, finding that the evidence did not support an increase in any of these evaluations.

The Board denied the veteran's claims for service connection for headaches and an initial compensable rating for unspecified disability associated with a low back injury, finding that there was no evidence to support these claims.

The Board has determined that service connection is not warranted for the veteran's low back disability, as there is no evidence of a chronic condition in service or a nexus to service.

The veteran's low back disability has been primarily manifested by pain on use with 90 degrees of flexion and mild neurological symptoms in each leg. The RO denied a higher rating, finding the condition did not meet criteria for an evaluation in excess of 20 percent.

The Board denied the veteran's claims for service connection for various conditions, including hypertension, low back disability, obesity, right hip disability, left hip disability, and left knee disability. The appeals were based on direct service connection rather than any presumption or secondary service connection.

The Board has determined that the evidence is in equipoise, and with resolution of reasonable doubt in favor of the veteran, service connection for a low back disability is granted.

The Board has denied the appellant's claims for service connection for back disability and respiratory disability, finding that there is no evidence of a nexus between these conditions and his military service.