Back / lumbar spine decisions — 2006

The Board has remanded the case to the RO for further development, including obtaining VA examination reports and treatment records. The veteran's claim for service connection for a back condition will be reconsidered based on all available evidence.

The Board has granted service connection for a cervical spine disability and a lumbosacral spine disability, finding that these conditions were incurred in service.

The Board has denied the veteran's claims for service connection for right hip, left hip, and lumbar spine disabilities as secondary to his service-connected left femur disability. The diagnoses of these conditions were not made during or within one year after service, and there is no evidence linking them to service or the service-connected condition.

The Board has decided to remand the case for additional development, including obtaining medical records and addressing issues related to service connection.

The Board has determined that service connection is not warranted for the veteran's left shoulder, right knee, and low back disabilities due to a lack of medical evidence linking these conditions to his military service.

The Board denied the veteran's claims for service connection for various conditions, including high blood pressure, prostatitis and erectile dysfunction, alcohol abuse due to PTSD, chronic neuropathic facial pain, and a low back disability. The appeals were based on direct evidence rather than presumptive exposure to herbicides or other factors.

The Board granted a 20 percent disability rating for low back strain with disc protrusion at L5-S1, effective September 1, 2003. The separate 10 percent rating for radiculopathy of the left lower extremity remains unchanged.

The Board has found the evidence sufficient to establish service connection for a back disability. The issue of entitlement to service connection for a rib disability is remanded due to incomplete development.

The veteran's low back disability is rated at 40 percent, his right ankle fracture at 10 percent, and gastritis, dermatitis, and sinusitis are all rated as noncompensably disabling. The RO denied the TDIU rating on appeal.

The veteran's claims for higher initial evaluations for low back degenerative joint disease and fracture residuals, right 4th toe with laceration residuals of the right 5th toe were denied. The veteran's low back condition was rated based on slight limitation of motion, while his foot injury was rated as moderately severe.

The Board has remanded the case for further development, including scheduling a hearing at the RO and obtaining an updated VA spine examination. The issues of service connection for bilateral eye disability, back disability, and increased rating for right knee injury with degenerative joint disease remain on appeal.

The Board found that the veteran's degenerative disc disease was not incurred in or aggravated by active service and denied his claim for service connection.

The Board has remanded the case for further development, including obtaining medical records and conducting examinations to determine the current nature and severity of the veteran's service-connected lumbar spine disability.

The Board denied the veteran's claims for increased ratings for hearing loss in the right ear, otitis media of the right ear, hemorrhoids, and a low back disability. The rating for the low back disability was maintained at 10 percent.

The Board has granted a 40 percent rating for degenerative disc disease of the lumbar spine, effective from March 26, 1999. The veteran's peripheral neuropathy of the right and left lower extremities are each rated at 40 percent.

The Board denied the veteran's request to reopen his claim of service connection for low back disability, finding that no new and material evidence had been received.

The Board has determined that the veteran does not have a current lower back or cardiac arrhythmia disability and finds no evidence linking these conditions to his service-connected bilateral knee disabilities. As such, the claims for service connection are denied.

The Board found no evidence of a chronic right arch condition or low back disorder in service, and the preponderance of the evidence is against finding that any current conditions are related to active service.

The veteran's claims for service connection for traumatic arthritis of the cervical spine and PTSD, as well as an initial rating in excess of 30 percent for PTSD, were denied. The claim for a compensable rating for hypertension was granted.

The veteran's appeal is remanded to determine the appropriate evaluation for his degenerative disc disease and arthritis of the lumbar spine, including whether any neurologic symptoms are attributable to traumatic sciatica or degenerative disc disease.