Back / lumbar spine decisions — 2005

The Board has remanded the case for further development, including obtaining service records and medical records related to the veteran's claimed conditions. The issues of whether new and material evidence has been submitted to reopen a claim for low back disability and entitlement to service connection for bilateral foot disability are on appeal.

The Board has determined that the appellant's service-connected lumbar strain warrants a rating of 20 percent, which is higher than the current 10 percent evaluation. The evidence shows moderate limitation of motion and muscle spasm on extreme forward bending.

The Board has denied the veteran's claims for service connection for left shoulder, low back, left ankle, and right hand disabilities as there is no competent evidence or opinion linking these conditions to his military service.

The veteran's claim for TDIU is being remanded due to the need for a social and industrial survey of his disabilities, including his bilateral knee and low back conditions. The VA will conduct this survey and then readjudicate the case.

The veteran's claim for a higher initial rating for his low back disability was granted, and he is now receiving a 60% rating effective September 29, 1992. The RO also granted secondary service connection for sensory loss of the left lower extremity with an effective date of September 23, 2002.

The veteran's claim for a higher rating for his service-connected lumbar spine disability was granted, with the effective date being October 19, 2004.

The Board denied the veteran's claim for a disability rating in excess of 20 percent for his arthritis of the lumbosacral spine, finding that the evidence did not support such an increase.

The veteran's initial ratings for bilateral hand arthritis and mechanical low back pain were granted, with each disability rated at 10 percent.

The Board denied the veteran's claims for service connection for a right knee disorder and a low back disorder, finding no persuasive medical evidence to support these conditions as incurred or aggravated during his military service.

The Board denied a higher initial rating for arthritis of the lumbar spine, finding that the current 10 percent evaluation adequately reflects the severity of the disability.

The VA denied the veteran's claim for an increased rating for his service-connected lumbosacral strain with degenerative joint disease, currently rated at 40 percent.

The Board denied the veteran's claims for increased disability rating for his service-connected left shoulder disability, service connection for a low back disability, and service connection for osteoarthritis of the left knee. The RO found that there was no exceptional or unusual nature to the veteran's left shoulder disability warranting extraschedular consideration, and did not find any evidence of a current low back disability or osteoarthritis of the left knee.

The veteran's claim for higher initial ratings for his low back disability and associated radiculopathy was denied by the RO, with a final rating of 40 percent assigned as of September 23, 2002.

The veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and scheduling VA examinations.

The Board has granted service connection for a back disorder secondary to the veteran's service-connected right hip disability. However, it denied an increased evaluation for his right clavicle fracture.

The Board denied the veteran's claims for service connection for a back disability and Hepatitis (types B and C). The denial was based on new evidence provided by the veteran, which indicated that his hepatitis may have been caused by a surgical procedure prior to his military service.

The Board found that the veteran's lumbar back strain with facet arthritis did not warrant an evaluation in excess of 40 percent for the periods specified, based on his symptoms and range of motion.

The Board has remanded the case for a VA medical examination to determine if the veteran's current low back disability is related to his service in 1961 and/or the reported low back pain in-service. The claim will be readjudicated after the examination.

The Board has denied the veteran's claim for service connection for a low back disability, finding that there is no evidence of an in-service injury or disease and noting that any current condition is not related to service.

The Board has determined that new and material evidence was not received to reopen claims of service connection for a low back disorder, an acquired psychiatric disorder, and a left elbow disorder. The claim for a leg/ankle disorder is also denied.