Back / lumbar spine decisions — 2004

The veteran's low back disability is rated at 20 percent prior to February 23, 2004 and at 40 percent from that date. His tinnitus is rated at the maximum schedular rating of 10 percent. The left ring finger fracture residuals are rated at noncompensable, as is his left tympanic membrane perforation.

The Board denied the veteran's claims for service connection for PTSD, hypertension as secondary to diabetes mellitus, peripheral neuropathy of the upper and lower extremities as secondary to diabetes mellitus, and a back disorder. The denial is based on the lack of credible supporting evidence for the claimed stressors related to PTSD.

The Board has determined that the veteran's low back disorder is due to disease or injury incurred in active service, and thus grants service connection for this condition.

The veteran's claims for increased ratings for his right knee strain and degenerative joint disease of the lumbar spine are being remanded to allow for additional development.

The veteran's claim for a total rating based on individual unemployability due to service-connected disabilities is being remanded for extra-schedular consideration.

The Board has determined that the veteran's service-connected dorsolumbar strain warrants a disability rating in excess of 10 percent, but further development is needed to determine the current severity of his condition.

The Board has remanded the case to the RO for further review due to inadequate medical examination and VCAA notice issues.

The VA has granted a 50 percent rating for the veteran's chronic low back strain, diffuse degenerative disc disease and unfavorable ankylosis. The other issues related to service connection have been addressed but are not included in this decision.

The VA determined that the veteran's back disorder is not related to his service or secondary to a service-connected right ankle disability, and arthritis of the spine was not shown within one year after separation from service.

The veteran's claim for an increased rating for lumbosacral strain with degenerative disc disease was granted, and he is now rated at 40 percent effective from February 6, 2004.

The VA denied an increased evaluation for the veteran's arthritis of the lower dorsal and upper lumbar spine with radiculopathy, currently rated at 20 percent.

The veteran's claim for an increased rating from 30 percent disabling for residuals of a fracture of the left tibia and fibula, with limitation of motion of the ankle was denied. His initial rating for mechanical low back pain with degenerative facet disease with mild canal stenosis remains at 10 percent.

The veteran's appeal is being remanded to the RO for scheduling a travel Board hearing and considering her request for rescheduling. The claims folder will be returned to the Board after this action.

The Board has granted an effective date of October 21, 1993 for the assignment of a compensable (10%) rating for the veteran's service-connected low back disability.

The VA denied service connection for PTSD and a low back disability. The evidence did not establish a diagnosis of PTSD, nor was there any medical opinion linking the current low back condition to service.

The veteran withdrew his appeal for service connection for PTSD and for an increased rating for DDD of the lumbar spine, currently evaluated as 40 percent disabling.

The VA denied service connection for a cervical spine disorder, lumbosacral spine disorder, right wrist disorder, bilateral ankle disorder, left shoulder disorder, headache disorder, and sinus disorder.,There is no evidence of any current disability related to the veteran's claimed conditions.

The Board has determined that additional development is needed to ensure compliance with the Veterans Claims Assistance Act of 2000 (VCAA) and other applicable laws, regulations, and VA guidance. The claims are being remanded for further action.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations to assess his back disorder and bilateral pes planus.

The Board has determined that the evidence received since the November 1998 and June 1999 rating decisions is not new and material, thus preventing the veteran's claims of service connection for loss of use of left leg and knee and upper back condition from being reopened.