Back / lumbar spine decisions — 2006

The Board has denied the veteran's claims for service connection for cervical spine disability, tinea pedis, and testicular disorder. The claims for skin disorder, low back disability, right shoulder disability, and ear wax build-up have been reopened but not granted.

The Board has granted the veteran's claim for service connection for low back pain, including due to undiagnosed illness. The decision is based on the veteran's chronic low back pain that cannot be attributed to a known diagnosis and meets the criteria for presumptive service connection under 38 U.S.C.A. § 1117.

The Board has decided to remand the case for additional development and compliance with the Veterans Claims Assistance Act of 2000 (VCAA). The veteran is seeking service connection for lumbosacral degenerative disc disease with disc protrusion and status post laminectomy.

The Board granted a 40 percent rating for the veteran's service-connected low back disability, effective from February 2004. The claim for bilateral hearing loss was denied.

The Board has remanded the case for further action consistent with a Joint Motion for Partial Remand, including obtaining Social Security Administration records and VA treatment records.

The Board denied the veteran's claims of service connection for various conditions, including eye disorder, kidney disorder, stomach disorder, deformed fingers and toes, and degenerative joint and disc disease of the lumbosacral spine. The decisions were based on a finding that there was no medical evidence to support these claims.

The Board has denied the veteran's claims for service connection for a psychiatric disability, skin disability, and back disability due to lack of evidence of current disabilities.

The Board denied service connection for a low back disorder, headaches, and pain of multiple joints. The veteran does not have a currently diagnosed low back disorder or joint pain. Headaches are attributed to known clinical diagnoses.,Service connection was also denied for the veteran's claimed conditions as they are not related to his active duty service.

The Board has determined that the veteran's low back and right hip disorders are not service-connected, as they are not shown to be related to his active military service or a service-connected disability.

The Board found that the veteran's cervical spine disability, now rated at 20 percent, does not meet the criteria for a higher rating based on moderate limitation of motion. The current 20 percent rating is considered appropriate.

The veteran's claims for increased ratings for her CTS disabilities were granted. Service connection was established for a thyroid disorder, cervical spine disorder, and RSD of the left upper extremity (secondary to CTS).

The Board denied the veteran's claims for service connection for a low back disorder and residuals of head trauma, including headaches and tinnitus. The evidence did not establish that these conditions were incurred or aggravated by military service.

The Board found that the veteran's lumbar spine degenerative disc disease and arthritis were not related to his active duty service, nor could they be presumed to have been incurred in or aggravated by such service. As a result, the claim for service connection was denied.

The Board has determined that the veteran's service-connected right shoulder condition does not warrant a higher than 20 percent rating. Additionally, there is insufficient evidence to establish service connection for any back disability (other than cervical myositis).

The Board has denied the veteran's claims for service connection for residuals of a dislocated right thumb, neck injury, low back injury, and bilateral wrist injury due to lack of evidence of chronic post-service residuals.

The Board has determined that the veteran's low back disability, including spondylolisthesis of the lumbar spine, preexisted service and was not aggravated by service. Therefore, service connection for this condition is denied.

The Board finds that the veteran's left and right hip disorders are likely due to his service-connected residuals of a shell fragment wound to the left thigh, while his low back disorder is not shown to be related to service or his service-connected condition. The claim for loss of teeth #18, 19, 30, and 31 is denied as these teeth were missing at entry into service.

The Board has determined that the veteran's service-connected low back disability is essentially asymptomatic and does not warrant a compensable disability rating.

The Board has determined that the veteran's lumbosacral degenerative arthritis is not related to his military service and therefore denied his claim for service connection.

The veteran's claim for service connection for a back disorder is being remanded due to the need for additional development and notification under the Veterans Claims Assistance Act of 2000 (VCAA).