Back / lumbar spine decisions — 2005

The VA has granted a 60 percent evaluation for the appellant's degenerative joint disease of the lumbar spine, L4-5 bulging disc. The current rating is based on the disability being evaluated under the general rating formula for diseases and injuries of the spine.

The Board determined that the veteran's low back disability was not incurred in or aggravated by active duty service, nor may arthritis of the low back be presumed to have been so incurred.

The veteran's claims for increased ratings and service connection were generally granted, with some issues having specific rating assignments.

The Board has remanded the case due to new evidence received from Stone Mountain Health Services and missing VA treatment records. The veteran's claim for service connection for a back disorder will be reconsidered with these additional records.

The veteran's claim for an earlier effective date for service connection of lumbar strain with disc disease and arthritis is being remanded due to the need for VCAA notification.

The Board denied service connection for a low back disability and arthritis secondary to the veteran's service-connected fracture of the left fibula. The RO also denied an increased evaluation for numbness, weakness, and muscle cramps of the left leg. All claims were denied as new and material evidence was not submitted.

The Board denied the veteran's claim for an earlier effective date of May 13, 1993, for his award of a total rating based upon individual unemployability due to service-connected disabilities.

The veteran does not have disabilities involving the head, neck or back as a result of an injury, or aggravation of an injury, attributable to a December 1998 VA shuttle van incident. Therefore, his claim for compensation under 38 U.S.C.A. § 1151 is denied.

The Board has remanded the case for further development, including obtaining a medical opinion to distinguish orthopedic and neurologic signs and symptoms of lumbosacral strain with herniated disk from other etiology. The veteran's cervical spine claim is also being remanded due to VCAA compliance issues.

The Board has determined that the veteran does not have degenerative arthritis of the fingers, shoulders, wrists, legs, ankles, feet, low back, or neck that is attributable to his military service.

The veteran's service-connected disabilities do not allow him to leave his house, and he is seeking special monthly compensation by reason of being housebound. The RO has remanded the case for further development including a VA examination.

The veteran's lumbar spine disability is currently rated at 40 percent, which is the maximum available rating for this condition.

The Board has granted a 60 percent rating for the veteran's degenerative joint disease of the lumbosacral spine with L5-S1 radiculopathy, effective from the date of the initial award. The right eye disability issue remains pending.

The Board denied the veteran's claims for service connection for sun damaged skin and chronic dermatitis of the hands and feet, claimed as undiagnosed illness; residuals of posttraumatic lumbar syndrome and bilateral sacralization of L5; and Hepatitis A. The evidence did not support a finding that these conditions were related to active service.

The VA determined that there is no competent evidence linking the veteran's current low back disability to service, and thus denied his claim for service connection.

The Board has determined that a reasonable doubt exists regarding the veteran's low back disability, which was incurred in service. The bilateral ulnar nerve problems are also considered secondary to his low back disability. Other than for rating purposes, nerve damage in the lower extremities is not considered a distinct disability for purposes of establishing service connection.

The Board denied compensation under the provisions of 38 U.S.C.A. § 1151 for a chronic low back disability manifested by low back pain and bilateral buttock and lower extremity numbness, finding that it was not caused by or increased in severity due to VA treatment.

The Board denied service connection for various conditions, including pseudofolliculitis barbae, defective vision, sleep apnea, pes planus, high pulse rate, asthma with bronchitis, allergic rhinitis, myofascial pain syndrome of the right shoulder, myofascial pain syndrome of the left shoulder, right knee disability, and left knee disability. The Board found that new evidence was needed to support these claims.

The Board has determined that the veteran's current back disability is not related to his military service and therefore denied his claim for service connection.

The VA denied the veteran's claim for an initial evaluation in excess of 20 percent for his service-connected lumbar strain, as well as his secondary claims for right foot and right knee disabilities. The RO found that the veteran's lumbar strain was manifested by episodic muscle spasm and complaints of pain, resulting in no more than moderate limitation of motion.