Back / lumbar spine decisions — 2006

The veteran's appeal has been dismissed as he withdrew his appeal in September 2005.

The Board found that the veteran's current cervical spine osteoarthritis is not related to his military service, including an in-service plane accident. The evidence does not support a connection between the veteran's current condition and his active duty.

The Board found that the veteran's low back disorder is not caused or aggravated by his service-connected right knee strain, and thus denied both claims.

The veteran's claims for increased evaluations of his service-connected lumbar strain with degenerative disc disease were denied as there was no evidence meeting the criteria for higher ratings.

The veteran's claim for a total disability rating due to individual unemployability (TDIU) was denied because his service-connected disabilities do not meet the minimum percentage requirements under 38 C.F.R. § 4.16(a).

The Board found that the veteran's cervical spine condition is not proximately due to or the result of his service-connected lumbosacral strain. The claim for secondary service connection was denied.

The veteran's appeal is being remanded to the RO for further development, including providing notice and scheduling a video conference hearing.

The veteran's appeal is being remanded for further development and consideration due to the need for updated medical evidence and a VA examination.

The Board has remanded the case due to a failure to provide proper VCAA notice and because of the need for clarification regarding the bases for the previous denial.

The veteran's claims for increased evaluations and service connection were denied. The RO found that the schedular criteria for disability ratings did not meet the requirements under the applicable VA rating criteria.

The Board found no left knee condition during service or within one year after separation. The veteran's claim for a back condition was denied in 1974, and new evidence submitted since then is sufficient to reopen the claim.

The Board is remanding the case to provide specific notice regarding what type of evidence would be considered new and material for reopening the claim, including evidence that could show either a pre-existing low back disability did not increase in severity during service or was aggravated by service.

The Board found that the veteran's back disability was not incurred in or aggravated by service and may not be presumed to have been incurred in service.

The Board has remanded the case for further development due to the need to obtain medical records from a private physician, Dr. Thacker.

The Board denied the veteran's claims for service connection for a right hip disability and low back disability, as well as his claim for a compensable rating for a healed left pubis fracture. The Board found insufficient evidence to establish service connection or a link between the disabilities and either active duty service or any service-connected condition.

The Board denied an increased rating for the veteran's service-connected lumbar spine disability and thoracic spine disability, both currently rated at 40 percent and 10 percent respectively.

The Board has determined that new and material evidence has been submitted to reopen the claim for right knee disability. However, the claims for lumbar strain with degenerative disc disease of the lumbosacral spine and bilateral shoulder disorders have been denied as there is no clear evidence linking these conditions to service or a service-connected disorder.

The Board denied the veteran's claims of service connection for various orthopedic disabilities, including a back disability, arthritis of multiple joints, bilateral hip disability, leg disability, and erectile dysfunction with sterility. The evidence did not establish a link between these conditions and his military service or any service-connected condition.

The Board denied the veteran's claims for service connection for a back disability and for nonservice-connected disability pension benefits due to lack of qualifying wartime military service.

The Board has remanded the case due to missing service medical records and a need for additional examination. The veteran's claim for service connection is pending.