Back / lumbar spine decisions — 2005

The Board found that new and material evidence had not been received to reopen the veteran's claim of entitlement to service connection for a back disability, as the submitted evidence was cumulative and did not raise a reasonable possibility of substantiating the claim.

The veteran's spondylosis and degenerative disc disease of the lumbar spine are currently rated at 40 percent, but do not meet the criteria for a higher evaluation based on their current manifestations.

The veteran's intervertebral disc syndrome of the lumbar spine has been manifested throughout the appeal period by severe limitation of motion, moderate incomplete paralysis of the sciatic nerve, without unfavorable ankylosis of the entire spine, and is productive of pronounced impairment. As a result, the criteria for a 60 percent schedular rating for lumbar intervertebral disc syndrome are met for the entire appeal period.

The veteran's degenerative disc disease at the level of the 3rd and 4th, and 4th and 5th lumbar vertebrae does not result in pronounced intervertebral disc syndrome during the period from March 1, 1995, to February 19, 2002. Therefore, a rating in excess of 40 percent is denied.

The Board has remanded the claims of service connection for a low back disability and a right shoulder disability due to incomplete development of the record.

The VA determined that the veteran's degenerative disc disease of the lumbar spine is not related to his active service and denied his claim for service connection.

The Board granted a 40 percent rating for the veteran's service-connected fibromyositis of the lumbosacral spine, which was previously rated as 20 percent disabling.

The Board found that the veteran's current back disability was not present in service and is not related to service or event or occurrence therein. Arthritis may not be presumed to have been incurred in service.

The veteran's low back disorder, characterized by occasional popping and locking of the lumbar spine causing muscle spasm and guarding enough to contribute to his abnormal gait, warrants a rating of 20 percent effective from July 26, 2004.

The Board has granted a 40% evaluation for the service-connected low back disability, effective from April 1997.

The Board has granted increased ratings for the veteran's lumbosacral strain and anxiety disorder, with a rating of 20 percent for each condition.

The Board has remanded the claims for service connection for residuals of a tubal ligation, right foot disability, and bilateral knee disability. The initial ratings for hypothyroidism, DM, and DDD of the lumbar spine are denied.

The veteran's low back disorder is rated at 20 percent, and the residuals of gunshot wound to the left lower extremity are rated at 40 percent. The left peroneal neuropathy (residuals of gunshot wound) is not separately rated as it was not addressed in this decision.

The Board has denied the veteran's claims for service connection for arthritis of the right knee and degenerative joint disease and degenerative disc disease of the back, finding that there is no current disability in these conditions and that they are not related to his military service.

The Board has reopened the veteran's claim for service connection for a low back disability and granted it, finding that new evidence supports a link between his in-service injury and his current condition.

The Board has remanded the veteran's claims due to the need for additional records and information.

The Board denied the veteran's claims for service connection for diabetes mellitus, left knee disability, and back disability. The claim for right knee disability was not reopened due to lack of new and material evidence. The dental disability claim was withdrawn by the appellant.

The Board denied the veteran's claims for service connection for a right knee disability, PTSD, and an initial rating in excess of 50 percent for PTSD. The claim for service connection for a right knee disability was not reopened due to lack of new and material evidence.

The Board has granted service connection for low back disability and cutaneous nerve injury of the lateral right thigh, with noncompensable ratings. The veteran is also entitled to separate compensable ratings for his scar of the lateral right thigh.

The Board found that the veteran's chronic lumbosacral strain had its origins in service and granted service connection for this condition. The right knee disorder was not addressed due to insufficient evidence.