Back / lumbar spine decisions — 2006

The Board has determined that the veteran's low back disorder and left knee disorder are not service-connected, as there is no evidence of a chronic condition in service or within one year after separation. The examiner opined that the current low back disorder is not related to his service-connected right leg disability.

The Board found that the veteran's lumbosacral strain did not meet the criteria for an evaluation in excess of 40 percent prior to September 26, 2003. Since then, it has not met the criteria for a higher rating.

The veteran's appeal is being remanded for additional examinations and to obtain updated medical records. The claims for an increased rating for low back strain and a TDIU rating are pending.

The Board finds that the veteran's low back disorder is secondary to his service-connected lower extremity disabilities and grants secondary service connection. The left ankle fracture residuals are rated at 20 percent, which is the maximum schedular rating available.

The veteran's appeal is being remanded to the RO for initial review of additional evidence submitted in his appeal. The case will be readjudicated, and if any benefit sought remains denied, a supplemental statement of the case will be issued.

The Board denied the veteran's claims for service connection for cardiovascular disease and for increased ratings for degenerative arthritis of the knees and lumbar spine, as well as his hearing loss. The appeals were not about service connection at all.

The veteran's service-connected low back disability is manifested by severe limitation of lumbar motion, pronounced disc disease, incapacitating episodes, separately ratable neurological impairment, ankylosis and vertebral fracture are not shown. A 40 percent rating is warranted for the veteran's service connected low back disability.

The Board has denied the veteran's claims for service connection for a back disorder and an initial evaluation beyond 40 percent for chronic fatigue syndrome. The issue of service connection for PTSD is not addressed in this decision.

The Board has determined that the veteran's claim for service connection for herbicide exposure is denied. The appeal related to other issues, including a claim for an increased evaluation for back disability and claims for service connection for heart disability and hypertension.

The Board denied the veteran's claims for increased ratings for his lumbosacral strain and PTSD, maintaining their current disability ratings of 20 percent and 30 percent respectively.

The veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support a higher rating for headaches beyond 10 percent from November 1994 to September 15, 2000, and denied an initial evaluation greater than 30 percent thereafter.,Service connection was also denied for skin disorder, joint pain of shoulders and knees, upper lumbar spine disorder, and nervous condition. The Board noted that the veteran's claims were not related to service or undiagnosed illnesses.

The veteran's claim for service connection for a back disability and a chronic acquired psychiatric disability was denied. The Board found that the veteran's variously diagnosed psychiatric disorders are not of service origin.

The Board has remanded the case to the RO for additional development, including obtaining treatment records and providing a medical opinion.

The Board has denied the veteran's claims for service connection for right hand disorder, bilateral knee disorder, low back disorder, and gastrointestinal disorder (peptic ulcer disease) as there is no competent evidence linking these conditions to his military service.

The veteran's claims for service connection for bilateral hearing loss and a rating in excess of 20 percent for low back disability are denied. The Board found that the veteran did not have a pre-existing left ear hearing loss disability, and his right ear hearing loss is not related to service. For the low back disability, there was no evidence of ankylosing spondylitis during service or in the first post-service year, and the current condition does not meet the criteria for a rating in excess of 20 percent.

The veteran is seeking service connection for a back disorder, but the appeal has been remanded due to incomplete medical records from private providers.

The veteran's appeal for service connection for a pulled hamstring was withdrawn prior to the Board making a decision. The case is being remanded for additional examinations and further development of his claims.

The veteran's appeal is being remanded due to the need for additional development, including a new VA examination and consideration of all evidence received since the July 2004 statement of the case.

The Board has determined that additional development is needed to properly evaluate the appellant's cervical spine disability, including his right and left cervical radiculopathy. The case is being returned to the RO for further action.

The Board has determined that the veteran's service-connected lumbar spine disability does not warrant a higher rating under any applicable diagnostic codes, as it does not meet the criteria for an increased schedular rating.