Back / lumbar spine decisions — 2006

The Board has remanded the case due to missing records from Palaos Hospital and requests that these be obtained before further adjudication.

The Board has determined that the veteran's claimed conditions are not related to his military service and therefore denied all three issues of entitlement to service connection.

The Board is remanding the veteran's claims for additional development due to the complexity of the issues and need for further medical examination.

The veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his service-connected lumbar spine disability and radiculopathy.

The Board has determined that the veteran's current lower back condition, including degenerative disc and joint disease, is not related to his military service. The bilateral foot condition was also not incurred or aggravated by a service-connected disability.

The veteran is seeking service connection for a chronic low back disorder, which he claims was caused by an injury during his military service. The Board has ordered additional development to determine the nature and etiology of any diagnosed low back disability and whether it had its onset during service.

The Board has determined that the veteran's degenerative disc disease and degenerative joint disease of the cervical spine are related to his military service, while his degenerative disc disease and degenerative joint disease of the lumbar spine are not. The veteran is granted service connection for the cervical spine issues but denied for the lumbar spine issues.

The Board denied the veteran's claims for increased ratings for his service-connected left hip and lumbar spine disabilities, finding that they did not meet the criteria for a higher evaluation under the applicable rating schedule.

The veteran's appeal was denied for all issues, with the exception of his request to withdraw an appeal regarding right ulnar neuropathy.

The Board has remanded the case for further development, including obtaining VA and SSA records. The veteran is currently service connected for a depressive disorder and degenerative disc disease of the lumbar spine with bilateral L5-S1 radiculopathy. He is entitled to a TDIU due to his service-connected disabilities preventing him from securing or maintaining substantially gainful employment.

The Board has determined that the appellant does not have a currently diagnosed right hip injury and denied his claim for service connection.

The Board has determined that the veteran's back disorder and gout were not incurred or aggravated during service, and there is no clear and unmistakable evidence to overturn this determination. The RO's assignment of a single 10 percent rating for tinnitus in June 28, 2002 was consistent with VA regulations at that time.

The Board has determined that the veteran's claims for service connection for hammer digit syndrome of the right and left fifth toes (postoperative), a left knee disability, and a back disability are all granted. The evidence supports these findings.

The Board denied the veteran's claim for service connection for degenerative arthritis of the lumbar spine as secondary to his service-connected coccygeal bone and pilonidal cyst residuals, finding that there was no relationship between these conditions.

The Board has ordered the case to be remanded for compliance with the requirements of Kent v. Nicholson, No. 04-181, which includes providing the veteran with proper notice regarding what evidence is needed to re-open his claims and what type of evidence would be needed to support a finding that his left knee, left hip, and low back disabilities are proximately due to or the result of his service-connected right knee disability.

The Board found that the veteran's back disability was not incurred in or aggravated by service and is not proximately due to a service-connected disability. The claim for an increased rating for cervical spine disability is remanded for additional development.

The Board has denied the veteran's claims for service connection for lumbosacral strain, sleep apnea, hyperlipidemia, residuals of bilateral ankle strains, depression, a disability manifested by nose bleeding (manifested by nose bleeds), and narrowing of the disc space between C5-6 and C6-7. The Board found that these conditions are not related to service or do not meet the criteria for service connection.

The Board denied the veteran's claims for increased ratings and effective dates for his lower back disability, dysthymia, obesity, and sinus bradycardia. The veteran was not granted a higher rating or an earlier effective date under any of these claims.

The Board has reopened the veteran's claim for service connection for degenerative disc disease of the lumbar spine and is now considering whether this condition was incurred in or aggravated by military service.

The veteran's appeal is currently pending and has been remanded by the Board of Veterans' Appeals for clarification on his hearing preferences.