Back / lumbar spine decisions — 2007

The Board denied the veteran's claims for service connection for Gulf War Syndrome, bilateral knee pain, low back pain, joint pain, chest pain, and abdominal pain. The evidence did not support a finding of chronic disabilities related to these conditions.

The veteran's service-connected disabilities (myositis of the lumbar spine and left hip areas) may have contributed to or aggravated her fibromyalgia. The veteran is entitled to a TDIU rating effective from March 16, 2001.

The Board found that the veteran's obstructive sleep apnea and degenerative joint disease of the lumbar spine are not related to his military service, and thus denied both claims.

The veteran's right foot drop, low back disability, right hip disability, and left knee disability are not deemed to be the result of VA carelessness, negligence, or similar fault. The Board finds that these disabilities were not caused by VA medical treatment.

The veteran's appeal seeking a rating in excess of 60 percent for his low back disability has been dismissed due to abandonment.

The veteran's appeal is being remanded for further development, including examinations and additional medical opinions to determine the etiology of his claimed back and hip disabilities.

The Board has determined that the veteran's right elbow lateral epicondylitis and low back strain are service-connected. The right elbow condition is considered to have originated during active military service, while the low back condition does not appear to be related to service.

The Board denied the veteran's claims for service connection for various conditions, including residuals of a contusion of the left forehead, migraine headaches, sinusitis, and injuries to the right wrist, left foot, back, neck, and nerve damage. The Board found no current disabilities related to these issues and noted that many of the claimed conditions were first diagnosed years after service.

The Board has remanded the case for a VA examination to determine if the veteran's current back disorder is related to his service, including any injury sustained during combat. The claim will be returned to the Board after further development.

The Board found that the veteran's lumbar spine disorder did not meet or approximate the criteria for a rating in excess of 10 percent, as it only manifested with characteristic painful motion and slight limitation of motion.

The Board has denied the veteran's claims for service connection for degenerative joint disease of the left knee and lumbar stenosis with L-4 radiculopathy, as well as his claim for an increased rating for medial meniscus tear of the right knee. The decision also notes that the veteran may wish to verify his service in Vietnam if he served there after January 9, 1962.

The Board found that the veteran's pre-existing low back disability did not undergo a permanent increase in severity during service, and thus denied his claim for service connection.

The veteran's claims for increased ratings for arthritis of the left sacroiliac articulation and residuals, fractured 12th dorsal vertebra, wedging and scoliosis, lumbar vertebrae with concavity to the right have been denied as his conditions do not meet the criteria for a higher rating under the applicable VA rating criteria.

The Board finds that the veteran's back and right knee disorders are not related to her military service.,The Board also found that there is no evidence of a current psychiatric disorder, such as PTSD, due to in-service sexual assault.

The Board denied the veteran's claims for service connection for right thigh, low back, and right hip disorders due to a lack of evidence linking these conditions to her military service.

The Board found that the veteran's service-connected lumbar spine disability did not warrant a rating in excess of 10 percent, as his symptoms did not equate to moderate intervertebral disc syndrome with recurring attacks and only intermittent relief.

The Board has determined that the submitted evidence does not raise a reasonable possibility of substantiating the claims for service connection for thoracolumbar scoliosis and thoracic kyphosis, as these conditions are considered to have existed prior to service. The veteran's cerebral palsy claim is also denied.

The veteran's current scar of the left face, on his cheek, is related to service and he has been granted service connection for this condition. The Board also found that there was a current disorder (likely a muscle or nerve damage) related to service but did not determine if it met the criteria for service connection.

The veteran's service-connected low back strain with degenerative changes has been rated at 20 percent effective September 28, 2006. The disability is manifested by lumbosacral pain and moderate limitation of motion.

The veteran was granted service connection for headaches and tinea versicolor of the chest and axilla. Service connection for herniated lumbar disc and arthritis of the spine is not established.,Service connection for headaches and tinea versicolor of the chest and axilla are granted as they are diagnosed conditions that manifested during active duty.