Back / lumbar spine decisions — 2006

The Board has determined that the veteran's right foot and low back disabilities are not related to service, and thus denied both claims.

The veteran's traumatic arthritis and low back strain did not result in incapacitating episodes or ankylosis, so the claim for a higher rating was denied.

The veteran's appeal for an increased rating for his service-connected back disability has been dismissed due to the appellant's withdrawal of the appeal.

The veteran's shell fragment wound residuals of the left buttocks are currently manifested by muscle atrophy, decreased motor power for abduction and adduction, antalgic gait, and slight foot drop. The Board has granted a 50 percent rating under DC 5317 for severe impairment to Muscle Group XVII. Service connection for degenerative disc disease of the lumbar spine is denied as not proximately due to service-connected shell fragment wound residuals.

The Board denied the veteran's claims for service connection for low back and cervical spine disorders due to his failure to report for scheduled VA examinations without providing good cause.

The Board denied the veteran's claims for service connection for arthritis of the left shoulder, knees, and low back disability due to a lack of evidence showing a direct link between these conditions and his military service.

The Board denied service connection for a bilateral knee disability and a disability of the lumbar spine, but granted an initial 10 percent evaluation for pes planus.

The Board has determined that the veteran's lumbar disability is not related to his active service and denied his claim for service connection.

The veteran is seeking service connection for headaches and a low back disability to include Scheuermann's disease. The claims are being remanded for further development, including obtaining VA records and scheduling the veteran for medical examinations.

The Board has determined that there is no current evidence of an upper back disability and the veteran's claim for service connection in this regard is denied.

The Board found no additional disability resulting from the January 1976 spinal tap, and thus denied compensation under 38 U.S.C. § 1151 for residuals of a spinal tap performed at a VA medical center in January 1976 resulting in low back pain.

The veteran's low back disability is granted service connection due to an in-service injury. Service connection for a skin disorder, presumed due to herbicide exposure, is denied.

The Board has remanded the case due to missing VA and private medical records, particularly those from August 2004 onwards. The claim for service connection for a back disorder will be reconsidered based on the additional evidence.

The Board has granted service connection for a low back disability, finding that the veteran's current back problems are related to his active service. The initial rating for hypertension remains at 10 percent.

The Board has determined that the veteran's claim for a compensable initial evaluation of his scar is denied. The claims for service connection for low back disorder and right hip injury are both considered, but no specific findings or determinations were made regarding these issues.

The Board has remanded the case due to a lack of medical nexus opinion addressing the etiology of the veteran's low back condition. The Court found that VA failed to secure such an opinion, and thus the claim must be returned for further development.

The Board has remanded the veteran's TDIU claim due to incomplete evaluations regarding his back and hearing loss disabilities, which are inextricably intertwined with the TDIU issue. The AMC is instructed to obtain medical opinions from an orthopedist and a physician specializing in ears, nose, and throat disorders regarding the effect of the veteran's service-connected low back and bilateral high frequency sensorineural hearing loss on his employability.

The Board denied the veteran's claims for service connection for PTSD and a low back disorder due to lack of verification of claimed stressors. The other issues related to increased ratings were not addressed in this decision.

The Board finds that the preponderance of evidence is against finding that the veteran sustained lumbosacral fractures while in military service, and lumbar arthritis was not compensably disabling within one year of his separation from active duty. Therefore, residuals of lumbosacral fractures were not incurred in or aggravated by military service.

The Board has determined that the veteran's lung cancer, which caused his death in October 2003, was not related to service or a service-connected disability.