Back / lumbar spine decisions — 2006

The Board denied the veteran's claims for increased ratings for his service-connected low back disability and TDIU, finding that the evidence did not show ankylosis or objective neurological symptoms. The RO evaluated the veteran's condition under former Diagnostic Codes 5292 [limitation of motion, lumbar spine] and 5293 [intervertebral disc syndrome], as well as the current General Rating Formula for Diseases and Injuries of the Spine.

The Board has determined that additional due process considerations remain to be satisfied, including notification of the presumptive period for Gulf War illnesses and a proper VCAA notice letter regarding the claim to reopen a claim of service connection for lumbar spine disability. The veteran should also undergo examinations to determine the etiology of his right upper extremity and cervical spine disabilities, as well as any currently diagnosed chronic fatigue, headaches, joint pain, and memory loss.

The Board has determined that there is no evidence linking the veteran's current back disability to his military service, and thus denied his claim for service connection.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claims for service connection for bilateral foot disability (pes planus) and low back disability. Service connection is granted for these conditions as they are found to be related to active duty.

The Board denied the veteran's claims for service connection for an eye disorder, evaluations of left and right hip disabilities, and evaluation of chronic lumbosacral strain and residuals of concussion and closed head injury with headache. The appeals were based on direct service connection criteria.

The Board has remanded the case for additional development due to unclear diagnoses and relationships between service-connected wounds and current conditions.

The VA denied the veteran's claims of service connection for cervical spine, right ankle, and left ankle disabilities. The Board found no evidence linking these conditions to military service or her service-connected knee disability.

The Board found that the veteran's back condition did not begin during service and could not be presumed to have been incurred therein. The claim for service connection was denied.

The Board found that the veteran's low back disorder did not have its onset during active service or result from disease or injury in service. The preponderance of evidence is against the claim for service connection.

The Board has denied the veteran's claims for increased ratings for his lumbar spine and right hand disabilities due to failure without good cause to report for necessary VA examinations.

The Board has denied the veteran's claims for service connection for bilateral elbow, wrist, lumbar spine, and left hip disorders due to a lack of competent medical evidence linking these conditions to her military service.

The Board has granted a 20 percent evaluation for the veteran's low back strain, effective from the date of this decision.

The Board found no evidence linking the veteran's current low back disability or peptic ulcer disease to service, and denied both claims.

The VA denied an increased rating for the veteran's service-connected mechanical low back pain, which was currently evaluated at 30 percent.

The Board denied the veteran's claims for service connection and initial compensable ratings for his claimed disabilities, finding that there was no evidence to support these claims based on the current medical evidence.

The Board has remanded the case for a new medical examination to determine if the veteran's low back condition is related to his service and/or service-connected bilateral foot disorder. The claim will be reconsidered after this additional development.

The Board has determined that the veteran's diabetes mellitus, type II and post-operative residuals of a left knee injury are not service-connected. The low back disability is granted with a finding of in-service onset. The acneform lesions of the upper back do not meet criteria for an increased rating. Tinea pedis does not warrant a compensable rating.

The Board has granted a disability rating of 40 percent for lumbar paravertebral myositis with small disk protrusion, effective from August 12, 1997. The veteran's hypertension and PTSD remain rated at their current levels.

The Board has determined that the veteran does not meet the criteria for service connection for a back disability or hypertension, as there is no evidence of chronic conditions during service and no showing of continuity of symptomatology after service.

The veteran's appeal is being remanded for additional development and re-adjudication of all issues on appeal, including service connection claims.