Back / lumbar spine decisions — 2006

The Board has granted a higher disability evaluation of 60 percent for the veteran's service-connected lumbar strain with multi-level disc bulge, effective from October 1997.

The Board found that the veteran's current low back condition was not incurred in or aggravated by his active service and denied his claim for service connection.

The Board denied the veteran's claims for entitlement to service connection for anorexia, a right shoulder disability, a back disability, a heart disability, hypertension, and sinusitis. The decision found that there was no evidence of chronic anorexia during service and no current diagnosis of an eating disorder.

The veteran's appeal is being remanded for further development, including examinations and notification regarding the service connection claims.

The Board denied the veteran's claims for increased ratings for degenerative disc disease with low back pain, L4-5, S-1 and cervical stenosis, C5-6, C6-7. The decision also denied her claim to sever service connection for chronic bronchitis effective March 1, 2006, finding that the decision was proper.

The Board has determined that the veteran does not have a current diagnosis of an acquired psychiatric disorder or bone spurs other than to the right ankle. The claims for left carpal tunnel syndrome, lumbosacral spine disorder with degenerative changes, hiatal hernia, and gastrointestinal disorder were denied as there is no evidence linking these conditions to service or a service-connected disability.

The veteran died from a self-inflicted gunshot wound. His service-connected conditions did not cause his death, and there is no evidence that PTSD caused the suicide.

The Board denied the veteran's claims for service connection for sinusitis, low back strain, ulcer disease, bilateral pterygia (eye disability), and sarcoidosis. The evidence did not show a nexus between these conditions and service.

The Board has determined that no new and material evidence was received to reopen the veteran's claim for service connection for a back condition, resulting in a denial of the appeal.

The Board has granted a higher rating of 40 percent for the veteran's service-connected lumbar spine disability, which approximates severe functional loss due to pain.

The Board denied service connection for low back, bilateral hip, and bilateral knee disabilities as secondary to the veteran's service-connected ankle disability. The evidence did not show a direct relationship between these conditions and his military service.

The Board denied the reopening of the claim for service connection for a low back disability due to lack of new and material evidence, as the additional evidence did not relate to an unestablished fact necessary to substantiate the claim.

The veteran's claim for service connection for degenerative disc disease of the lumbosacral spine is denied. The claim for an increased rating for total left hip replacement is granted to a 70 percent evaluation, and the claim for an increased rating for posterior cruciate ligament tear of the left knee remains at 30 percent. A separate 10 percent evaluation is assigned for limitation of flexion of the left knee.

The Board denied the veteran's claims for service connection for a right hip and leg condition, as well as her low back condition. The evidence did not establish that these conditions were incurred or aggravated by active military service.

The Board has denied the veteran's claim for service connection for cervical spine osteoarthritis, finding that it was not incurred or aggravated by military service. The issue of a higher rating for residuals of a gunshot wound to the left neck is referred back to the RO for further action.

The veteran's appeal is being remanded for additional development, including obtaining private treatment records and arranging for an orthopedic examination to determine the nature and etiology of his back disability(ies).

The veteran's service-connected disabilities are not shown to be of such nature and severity as to preclude the performance of all types of substantially gainful employment, thus denying a total evaluation based on individual unemployability.

The Board has denied the veteran's claims for service connection for a back disability and COPD. The claim for service connection for a back disability was denied due to lack of evidence linking current back disability to service, while the issue of service connection for COPD was withdrawn by the veteran.

The Board found that the veteran's low back condition did not begin during service and is not related to his military service, thus denying his claim for service connection.

The veteran's claim for financial assistance in acquiring an automobile or other conveyance and adaptive equipment was denied as her service-connected disabilities do not meet the eligibility criteria.