Back / lumbar spine decisions — 2006

The Board has remanded the veteran's claims due to incomplete records and need for further medical examinations.

The Board denied service connection for a lung condition and a back condition, finding no evidence of a link between the current conditions and military service.

The Board has reopened the veteran's claim for an earlier effective date for TDIU, but denies the claim as it is legally insufficient due to a final decision denying such in November 2001.

The Board has determined that the veteran's current degenerative disc disease is not related to his in-service back injuries and was not present during his active military service, thus denying the claim for service connection.

The veteran's claim for a total disability rating based on individual unemployability (TDIU) is being remanded due to the need for extra-schedular consideration. The August 2005 VA opinion indicates that the veteran is unable to secure or follow a substantially gainful occupation as a result of his back disability.

The Board denied the veteran's claim for service connection for a back disability, finding no competent evidence of a nexus between his current low back disorder and his period of active duty from October 1989 to October 1992.

The Board has determined that the veteran's cervical spine and left shoulder disabilities were not incurred or aggravated by service, as there is no evidence of chronic conditions in service or continuity of symptoms after discharge.

The veteran's cervical and lumbar spine disabilities are currently rated at 20 percent each, but the evidence does not support a higher evaluation.

The Board has reopened the veteran's claims for service connection for left knee, cervical spine, low back, and left shoulder disabilities as secondary to a service-connected disability. However, the evidence does not support a finding of current diagnoses or a link between these conditions and active service or a service-connected condition.

The Board has determined that the veteran's right ear hearing loss and degenerative disc disease of the spine are not related to his military service.

The Board found that the effective date for an evaluation in excess of 20 percent for service-connected degenerative arthritis of the lumbar spine and degenerative disc disease at L5-S1 should be January 28, 2003.

The Board has determined that the veteran's claimed back and leg conditions are not related to his military service, and thus denied both claims for service connection.

The Board has granted an initial 10 percent evaluation for the veteran's mechanical low back pain with degenerative joint disease, finding that his disability does not meet or approximate criteria warranting a higher rating.

The veteran's service-connected degenerative joint disease of the lumbar spine and cervical strain have been rated at 20 percent and 10 percent, respectively. The decision grants these ratings.

The Board found that the veteran's low back symptoms, including limited motion and pain, did not warrant an evaluation in excess of 20 percent under either pre- or post-September 23, 2002 criteria for evaluating spine disorders. The current 20 percent rating remains in effect.

The Board found that the veteran's degenerative joint disease of the knees and lumbar spine disability with arthritis were not incurred or aggravated by active service, as there was no evidence showing such conditions during service. The veteran's current disabilities are presumed to be related to his in-service noise exposure.

The Board denied an increased evaluation for the veteran's lumbar spine disability, currently rated at 20 percent. The evidence showed characteristic pain on motion but did not meet the criteria for a higher rating under the new General Rating Formula for Diseases and Injuries of the Spine.

The veteran's appeal has been dismissed due to his death, and the issues of service connection for a low back disability and depression are no longer before the Board.

The Board has remanded the case for further development, including a VA examination and consideration of the provisions of 38 C.F.R. § 3.310(a) (2005). The veteran's claim will be reconsidered based on the additional evidence.

The Board has granted service connection for degenerative arthritis of the lumbar spine, but denied service connection for arthritis of the knees and hands.