Back / lumbar spine decisions — 2006

The Board has remanded the case due to a need for further development of evidence, including Social Security Administration records. The veteran's claim for service connection for a back disorder is pending.

The Board has determined that the veteran's back disability and bilateral knee degenerative joint disease are related to his active service, granting service connection for both conditions.

The Board has denied the veteran's claims for service connection for vertigo and degenerative discopathy, lumbar radiculopathy, and arthritic spurring of the lumbar spine. The issues are remanded to obtain additional medical records and to schedule the veteran for VA examinations.

The veteran's appeal has been withdrawn, and his case is dismissed.

The Board has denied the veteran's claims for service connection for a fungal rash of the skin of his feet, residuals of congenital abnormalities of the lumbosacral spine, and arthritis of the lumbosacral spine and multiple joints of the upper extremities. The evidence does not support these claims.

The Board denied the appellant's claims for service connection for the cause of the veteran's death and for DIC benefits under the provisions of 38 U.S.C.A. § 1318, finding that there was no objective evidence of radiation exposure during service and that the veteran did not meet the eligibility criteria for DIC benefits.

The veteran's ankylosing spondylitis of the lumbar spine does not meet the criteria for a higher evaluation as there is no evidence of ankylosis of the entire spine.

The veteran's lumbar spine disability is rated at 60 percent, and his cervical spine disability remains at 20 percent.

The Board found no evidence of a low back disability during service and concluded that the current condition is not related to military service. The claim for service connection was denied.

The Board denied the veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, finding that he is not unemployable as a result of these conditions and that he failed to comply with the Board's remand instructions.

Effective September 18, 1989, the veteran received service connection for a post-operative scar, residuals of lumbar spine fusion and a 40 percent rating.,The veteran's right lumbosacral radiculopathy was rated at 10 percent effective September 23, 2002.,PTSD was granted with a 100 percent rating effective June 1, 1997.,Bilateral sensorineural hearing loss claim was denied.

The Board has determined that the veteran's current low back disability is not related to his active service, including any injury or complaints noted therein. As a result, service connection for this condition is denied.

The Board has granted service connection for degenerative disc disease of the lumbosacral spine, postoperative status, and denied service connection for PTSD. The veteran's low back disability is found to be related to in-service parachute jumps, while his PTSD claim was not supported by credible evidence of an in-service stressor.

The Board has determined that the veteran does not have a service-connected post-traumatic stress disorder or back disability. The evidence does not support a finding of such conditions.

The Board has determined that there is no competent medical evidence showing a current back disorder related to service, and thus the claim for service connection for a back disorder is denied.

The Board finds that the evidence does not support an extra-schedular evaluation for residuals of a low back injury after October 18, 1994. The veteran's employment issues are due to his service-connected disability rather than the severity of his condition.

The Board has determined that there is no competent medical evidence linking the veteran's current myositis of the lumbar paravertebral muscles and bilateral trapezius muscles to service. Therefore, the claims for service connection are denied.

The veteran is seeking compensation under the provisions of 38 U.S.C. § 1151 for additional disability resulting from VA treatment in April 1988. The case is being remanded to obtain a medical opinion and consider new regulations.

The Board is remanding the case to consider whether new and material evidence has been received to reopen a claim for service connection for a low back disability. The veteran's prior denial was based on the belief that his current back disability did not have its onset during his period of active duty.

The VA determined that the veteran's osteoarthritis of the lumbosacral spine does not warrant a higher evaluation, as it is currently rated at 40 percent.