Back / lumbar spine decisions — 2006

The veteran's lumbar spine disability is currently rated at 40 percent disabling, effective prior to January 9, 2006. The appeal for an increased rating has been granted.

The Board found no evidence of a current low back disorder and concluded that the veteran's claim for service connection was not supported by competent medical evidence. As such, his claims were denied.

The veteran's appeal is being remanded for additional development of his claims, including obtaining SSA records and VA treatment records. The RO will also attempt to verify the veteran's claimed Vietnam service and stressor event.

The Board denied the appellant's claims for higher initial ratings for carpal tunnel syndrome of both wrists and service connection for bilateral heel pain, degenerative joint disease of the left index finger, and bilateral hearing loss.

The veteran's claims for higher ratings for cervical spine degenerative disc disease, left wrist interosseous cyst, and right heel calcaneal spur were denied as the evidence did not meet the criteria for a higher rating under the applicable VA regulations.

The Board has determined that the veteran's claimed bilateral eye disability and back disability are not related to his active service. The claims for these conditions have been denied.

The Board has remanded the case for additional development due to new evidence submitted by the veteran, including a July 2006 psychiatric examination report and conflicting opinions from VA examinations. The claims for service connection for PTSD and low back disability are pending.

The Board has denied the veteran's claims for service connection for various conditions, including nephritis (claimed as renal disease), a low back disorder, chronic urinary tract infections, kidney stones, hypothyroidism, and cardiovascular disease. The appeals were based on direct service connection without any presumption or secondary to another condition.

The veteran's lumbar spine disorder, cervical spine disorder, and HPV were all found to have begun during her period of active service.

The Board denied the veteran's claim for an increased rating for her lumbosacral strain and did not address her Bell's palsy application to reopen. The RO previously denied both issues in June 2002 and February 2005, respectively.

The Board has determined that new and material evidence has been presented to reopen the claim of service connection for a low back disorder. The veteran's statements, along with post-service treatment records, raise a reasonable possibility of substantiating his claim.

The Board has granted service connection for right knee arthritis leading to total knee replacement and low back pain due to lumbar disc disease, both on a secondary basis to the veteran's service-connected internal derangement of the left knee.

The veteran's right knee condition is not shown to be caused or aggravated by an injury during her active military service and is not related to the service-connected left foot disability. The claim for low back condition was also denied.

The veteran's low back strain is currently rated at 40 percent, the maximum under applicable criteria. The Board finds no evidence of ankylosis or intervertebral disc syndrome warranting a higher rating.

The Board has granted service connection for avascular necrosis of the left hip as secondary to service-connected carpal tunnel syndrome. The veteran's lumbar spine disability is rated at 0% (noncompensable).

The Board denied service connection for a back disability and an acquired psychiatric disorder, finding that there was no evidence of in-service injury or disease. The left knee issue is referred to the RO.

The veteran's service-connected degenerative disc disease with spondylosis, lumbosacral spine is currently rated at 20 percent, which represents an increase from the initial 10 percent evaluation assigned in December 2002.

The Board found no evidence to support service connection for arthritis of the right and left knees or degenerative disc disease of the lumbar spine, as there was no medical evidence linking these conditions to service.

The veteran withdrew his appeals for increased ratings of his lumbosacral spine, right knee, and left ankle disabilities in a March 2004 letter.

The Board has remanded the case due to the need for a medical examination and proper VCAA notice.