Back / lumbar spine decisions — 2006

The Board found that the veteran's low back disorder did not result from service and is not related to his service-connected knee disabilities.

The Board has denied the veteran's claim for service connection for a low back disorder, finding no probative medical evidence linking the condition to active service or his service-connected bilateral knee disabilities.

The Board has denied the veteran's claims for service connection for right shoulder, left shoulder, right knee, and back disorders due to a lack of evidence linking these conditions to his active duty service.

The Board has determined that the veteran's back, right knee, right forearm, and left shoulder disabilities are related to his active duty service. Service connection is granted for these conditions.

The veteran's appeal is remanded to the RO for additional development, including scheduling a VA orthopedic examination and considering revised rating criteria for spine disabilities.

The Board has remanded the veteran's claims due to the need for further development of evidence. The specific issues include a request for higher initial rating for facial scar, reopening of service connection claims for left shoulder and low back conditions, as well as other knee and leg conditions.

The Board denied the appellant's claims for increased evaluations for his low back disability and radiculopathy of the right lower extremity, finding that the evidence did not meet the criteria for a higher rating under VA regulations.

The Board denied the veteran's claims for service connection for bilateral pes planus, low back disorder, bilateral hip disorder, and bilateral knee disorder. The evidence did not support a finding of direct service connection for these conditions.

The Board has determined that the appellant does not meet the criteria for special monthly pension by reason of need for regular aid and attendance, as her conditions do not necessitate constant personal assistance.

The veteran's claims for service connection for arthritis of multiple joints (except the lumbar spine) and a sleep disorder were denied. The claim to reopen his previously denied shortness of breath was also denied due to lack of new and material evidence.

The Board denied the appellant's claims for increased ratings for lumbosacral strain and right lower extremity radiculopathy, as well as his claim for service connection for arthritis of multiple joints. The RO continued a previously assigned 40 percent rating on the basis of chronic orthopedic manifestations under Diagnostic Code 5293 (2003) and assigned a separate rating for radiculopathy based on chronic neurologic manifestations.

The VA determined that the veteran's current low back disability is unrelated to military service and denied his claim for service connection.

The Board has determined that the veteran does not have a current diagnosis of degenerative disc disease, peripheral neuropathy, left knee arthritis, bilateral hearing loss, or tinnitus. Therefore, service connection for these conditions is denied.

The veteran's right femoral neck fracture is currently rated at 30 percent disabling. The Board finds that the evidence does not support a higher rating, as there is no indication of dislocation or recurrent subluxation and the disability is evaluated based on functional loss due to pain.

The veteran's claim for service connection for degenerative arthritis of the low back is being remanded due to insufficient medical evidence and potential confusion about when the injury occurred. The VA will need to provide a medical examination to determine if the condition is related to an in-service injury.

The Board found that the veteran's current back disability is unrelated to his military service and denied his claim for service connection.

The Board denied the veteran's claims for increased ratings for his service-connected spine disability and radiculopathy of the left lower extremity, finding that the evidence did not support a higher rating under the applicable VA regulations.

The veteran's low back strain was initially rated at 10 percent from July 30, 2001 to April 18, 2004. From April 18, 2004, the rating was increased to 20 percent.

The Board denied the veteran's claims for increased ratings for her service-connected adjustment disorder with mixed anxiety and depression, and lumbosacral strain. The conditions are rated based on their impact on occupational and social functioning.

The Board has reopened the veteran's claim for service connection for a low back condition and has determined that it is at least as likely as not related to his active duty. The appeal is granted.