Back / lumbar spine decisions — 2003

The veteran's claim of service connection for degenerative arthritis of the lumbar spine is being remanded due to incomplete medical records and need for clarification on facility names.

The veteran's appeals for increased ratings for his service-connected post traumatic stress disorder, chondromalacia of the right knee, residuals of a fracture of the first right toe and residual injury to the second right toe, and musculoskeletal low back pain have been denied.

The Board denied the veteran's claims for service connection for asthma and a lumbar spine disorder, finding that there was no competent medical evidence relating these conditions to his active duty service.

The Board has granted a higher 10 percent disability rating for the veteran's service-connected low back disability, which was previously rated as noncompensably disabling.

The Board found that the veteran's hearing loss and low back disability with buttock muscle atrophy were not incurred or aggravated in active military service, nor may they be presumed to have been so incurred.

The Board denied the veteran's claims for service connection for low back disability and bilateral knee disabilities secondary to residuals of left ankle sprain, as well as his claim for an initial rating in excess of 30 percent for PTSD.

The veteran is seeking an increased evaluation for his service-connected degenerative disc disease and recurrent chronic lumbosacral strain, L5-S1. The RO has continued the current 20 percent rating but the Board finds insufficient medical evidence to make a conclusive finding regarding the severity of his symptoms.

The Board has determined that the veteran does not currently have chronic disabilities of her right foot, Achilles tendons, or low back that are related to service. The evidence shows she had pre-existing conditions and injuries prior to and after military service.

The veteran's claim for service connection for a low back disorder was denied as he failed to report for the scheduled VA examination.

The Board has granted a 40 percent rating for the low back disability from November 14, 1994 to October 23, 1998. The case is now remanded to determine if the veteran is entitled to a higher rating for the period from May 7, 1991 to November 14, 1994.

The Board has granted service connection for joint pain, to include low back and muscle pain, as well as fatigue and sleep disorder as manifestations of an undiagnosed illness incurred in service.

The Board has granted service connection for arthritis of the lumbar facet joints L4-5 and L5-S1, finding it likely related to an in-service injury. Service connection was denied for psychiatric disability.

The Board has granted a 30 percent rating for the veteran's depressive disorder, finding that it meets the criteria for such a rating based on moderate symptoms. The claim for increased evaluation of degenerative disc disease L4-L5 remains denied.

The VA has determined that the veteran's service-connected low back strain does not meet or approximate the criteria for a higher evaluation, as it only causes characteristic pain on motion and no greater limitation of motion than what is considered slight.

The Board has granted service connection for bilateral hearing loss and found a link between the veteran's exposure to acoustic trauma in service and his current bilateral hearing loss. The low back disability with radiculopathy of the right lower extremity is not addressed as it was remanded.

The veteran is seeking service connection for chronic lumbar spine disorder and chronic lung disorder. The Board has determined that additional development is necessary before considering the claims on the merits.

The Board found that the veteran's lumbosacral spondylosis with degenerative joint disease is not more than 40 percent disabling according to the schedular criteria, and thus denied his claim for an increased rating.

The Board has granted service connection for the compression fracture of the L1 vertebra. The issue of chronic lumbosacral strain is also addressed, and the veteran's claim for special monthly compensation benefits on account of being housebound remains pending.

The Board has denied the veteran's claim for service connection for a back disorder, finding that new and material evidence had not been submitted to reopen it. The case is remanded for further development.

The VA denied the veteran's claim for a total disability rating based on individual unemployability due to his service-connected disabilities, which do not prevent him from engaging in substantially gainful employment.