Back / lumbar spine decisions — 2004

The veteran's claim for a higher disability evaluation for his service-connected lumbar strain with degenerative disc disease is being remanded due to the need for further development and consideration of applicable rating criteria.

The Board found insufficient evidence to establish service connection for head injuries, cervical spine, or lumbar spine disabilities. The veteran's complaints were not chronic and no current disability was shown.

The veteran's service-connected lumbar spondylosis with an old compression fracture and demonstrable deformity of L-1, head injury (including headaches and vertigo), and tinnitus have been granted initial ratings. The lumbar condition is rated at 20 percent since April 21, 2003, while the head injury and tinnitus remain at 10 percent.

The VA determined that the veteran's low back disability, characterized by intermittent pain and normal limitation of motion, does not warrant a higher rating as it does not result in functional loss consistent with or comparable to moderate limitation of motion of the lumbar spine.

The Board denied the veteran's claims for service connection for heart disease, hypertension, a low back disorder, a left wrist disorder, and a bilateral hip disorder. The Board found no evidence of chronic conditions in service or current disabilities related to military service.

The May 1990 rating decision granted a 20% evaluation for the veteran's service-connected lumbosacral strain with degenerative narrowing, L5-S1. The veteran argues that this decision was clearly and unmistakably erroneous as his symptoms more closely approximated a 40% evaluation.

The veteran's claims for service connection for a low back disability and an earlier effective date for TDIU are being remanded due to the need for additional development under the provisions of the Veterans Claims Assistance Act of 2000 (VCAA).

The veteran's cervical spine disorder is not service-connected, and his lumbar spine disability does not meet the criteria for a higher evaluation. The Board has remanded the issue of total disability rating based upon individual unemployability due to service-connected disabilities.

The Board has granted the veteran's claim of entitlement to service connection for a low back disability as secondary to his service-connected right knee disability.

The veteran's PTSD and chronic lumbar strain with degenerative joint disease have been granted increased evaluations to their maximum assignable ratings.

The Board has determined that the veteran's claimed conditions, including hypertension, low back disability, and bilateral knee disability, are not service-connected. The evidence does not show their onset during active service or for many years thereafter, and there is no indication of a causal relationship to military service.

The Board has reopened the veteran's claims for service connection for low back disorder and right shoulder bursitis, finding new and material evidence. The rating of 20 percent for residuals of a right knee injury with tear of the lateral meniscus remains unchanged.

The veteran is seeking service connection for low back and right hip disabilities, which he claims are secondary to his service-connected flat feet. The Board has determined that a VA examination is needed to clarify whether the veteran's current conditions have been aggravated by his service-connected condition.

The Board has determined that the veteran's appeal is mixed, with some issues granted and others denied. The veteran was granted service connection for various conditions but had his hearing loss rating continued at noncompensable level.

The Board has remanded the veteran's claims for a low back disability and stomach disability due to additional development of evidence.

The Board has remanded the case for additional development due to VCAA notification and rating criteria changes, as well as for a VA examination.

The VA denied an increased rating for low back strain, currently evaluated at 40 percent.

The Board has granted service connection and assigned initial ratings for the veteran's bipolar disorder, migraine and tension headaches, and lumbosacral strain. The initial rating of 50% for bipolar disorder is maintained.

The veteran's claim for higher compensation for low back pain with lumbar strain and pain of the pelvis, left leg and left hip is being remanded due to the need for additional development.