Back / lumbar spine decisions — 2005

The veteran's claims for increased ratings were denied as the evidence did not meet the criteria for a higher rating under VA's schedular guidelines.

The veteran is seeking service connection for his current low back disability, which he claims was caused by an injury sustained during service. The Board has decided to remand the case for further development and examination.

The Board granted a 70 percent evaluation for adjustment disorder with depressed mood effective August 24, 2001. The veteran's service-connected low back syndrome and trochanteric bursitis of the right hip are not rated separately as there is insufficient evidence to evaluate them individually.

The Board denied the appellant's claims of service connection for post-traumatic stress disorder, residuals of a neck trauma, low back disorder, peripheral neuropathy, and angina. The Board found that there was no current diagnosis of PTSD and that the evidence did not support a finding that any of these conditions were incurred in or aggravated by service.

The Board denied the veteran's claims for increased ratings for his lumbar strain with disc disease and lumbosacral spondylolisthesis, finding that he did not meet the criteria for a rating in excess of 40 percent prior to October 15, 2001 or a rating in excess of 60 percent.

The veteran's lumbosacral strain residuals are currently rated at 40 percent, effective October 11, 2000. The Board found that the evidence did not support a higher rating.

The veteran's low back disability was rated at 30 percent prior to November 11, 2004 and increased to 50 percent as of that date.

The Board denied the veteran's claim for a permanent and total disability rating for pension purposes due to his failure to appear for scheduled VA examinations.

The Board has determined that the veteran's claimed lumbar and thoracic spine disabilities are not related to service, and thus denied his claims for service connection.

The Board has determined that new and material evidence was submitted to reopen the claim for service connection of a low back disorder. The case is now remanded for further development, including scheduling a VA examination.

The Board found that the veteran's back disability existed prior to service and was not permanently aggravated by military service, thus denying his claim for service connection.

The Board has determined that the veteran's low back disability is not secondary to or aggravated by his service-connected shell fragment wound of the left buttock, and thus denied the claim.

The Board has denied the veteran's claims for service connection for a low back disorder, psychiatric disorder (depression), and hemorrhoids. The evidence does not support a finding that these conditions are related to service or any service-connected disability.

The Board found that the veteran's herniated disc, left side, C6-7 with degenerative changes at C5-6 (claimed as a neck and back condition) was not caused by his time in service.

The veteran's claim for an increased rating for his service-connected low back injury residuals is being remanded to the RO for further development and readjudication.

The Board denied the veteran's claims for service connection and a compensable rating for residuals of his right fibula fracture, finding no evidence linking these conditions to his military service.

The veteran's right knee condition is rated at 20 percent, his fracture of the right distal tibia and fibula at 10 percent, and his low back strain at 10 percent. The RO has granted all these ratings.

The Board has denied the veteran's claims of service connection for a right leg disorder, viral syndrome, and a dental disorder for compensation purposes. The claims were adjudicated under both pre- and post-June 1999 regulations regarding dental conditions.

The Board granted service connection for tinnitus and increased the evaluation of lumbar spine disability to 20 percent, effective March 2000. The claim for GERD was not addressed as it was not part of the original appeal.

The veteran's appeal is being remanded to consider his application to reopen the claim for service connection of a low back disorder, as this may impact his total rating for compensation based on individual unemployability. The case will be returned after further development.