Back / lumbar spine decisions — 2005

The Board has determined that the veteran's low back disability was not incurred in or aggravated by service and denied his claim for service connection.

The veteran's back disability, characterized by severe limitation of motion and some evidence of neurological involvement, warrants a 60 percent evaluation. The total disability rating for unemployability due to service-connected disabilities is also granted.

The veteran's lumbar strain with degenerative disc disease has resulted in a current disability evaluation of 40 percent, which is the maximum non-compensable rating under the applicable criteria.

The VA denied a rating in excess of 20 percent for the veteran's degenerative disc disease and arthritis of the cervical spine, finding that his disability is currently rated as 20 percent disabling.

The veteran's claims for increased evaluations for his service-connected lumbar and cervical spine disabilities are being remanded due to the submission of new evidence without a waiver by the RO.

The veteran's appeal is being remanded for further development, including a new VA examination and issuance of a statement of the case on the issues of evaluations for lower extremity radiculopathy.

The Board has determined that the veteran's low back disability did not result from disease or injury in service and is not otherwise related to service, thus denying his claim for service connection.

The VA denied a rating in excess of 40 percent for post-operative residuals of a herniated nucleus pulposus of the lumbar spine with degenerative changes, and granted a separate 10 percent rating for radiculopathy of the right lower extremity effective July 29, 2004.

The VA denied the veteran's claim for an increased rating for her service-connected lumbosacral strain, currently evaluated at 20 percent. The RO found that there was no evidence of intervertebral disc syndrome or other manifestations warranting a higher evaluation.

The Board has determined that the veteran's bilateral foot, back, and right shoulder conditions are related to his military service. The claims for these disabilities have been granted.

The Board has granted increased ratings for the appellant's service-connected varicose veins of the right and left legs, effective November 16, 1998.

Service connection is granted for post-traumatic arthritis of C3 and C4, but denied for degenerative disc disease of the lumbosacral spine. Service connection is also granted for arthritis of both knees, but hearing loss of the right ear remains denied.,The veteran's traumatic arthritis of the cervical spine is linked to an injury sustained while on active duty.

The Board granted service connection for lumbosacral strain with spinal stenosis and assigned a 60 percent evaluation, effective from July 16, 2001. The veteran's claim for increased ratings was denied.

The Board has granted service connection for a low back disability and assigned an initial rating of 10 percent, effective January 1, 2004.

The veteran's claims for service connection for back and leg disabilities are being remanded due to the need for additional development, including a VA examination.

The veteran's service-connected low back strain is currently rated at 40 percent, which is the maximum schedular rating available under the old criteria. The claim for an evaluation in excess of 40 percent was denied.

The veteran seeks service connection for his current diagnosed degenerative disc disease of the lumbar spine with lower extremity radiculopathy and left and right testicular radiculopathy. The RO has ordered a remand to obtain additional medical records, provide an opinion on the etiology of the low back condition, and consider whether there is any service connection.

The veteran withdrew his appeal on the claim of service connection for degenerative joint disease of the lumbosacral spine, secondary to service-connected right knee disability.

The Board denied the veteran's claims for service connection for a heart condition, residuals of a lumbar spine injury, and dementia (claimed as memory loss), finding no current diagnoses or medical evidence linking these conditions to service. The Board also found that new and material evidence had not been submitted to reopen claims for service connection for a digestive disorder and schizophrenia with depression.

The VA determined that the veteran's lumbosacral strain disability does not warrant a rating higher than 20 percent, as his range of motion and symptoms do not meet criteria for more severe ratings.