Back / lumbar spine decisions — 2005

The VA denied the veteran's claim for a disability rating in excess of 20 percent for his service-connected lumbosacral strain, as his condition is characterized by tenderness and muscle spasm with some loss of lateral motion.

The Board has determined that the veteran's GERD symptoms do not meet the criteria for a higher evaluation, as they are not accompanied by substernal or arm/shoulder pain and are productive of considerable impairment of health. The veteran is therefore denied an increased initial rating for his GERD.

The veteran's claims for service connection and increased evaluations were denied. The Board found no evidence of current heart disease or arthritis, and the preponderance of the evidence did not support a finding that these conditions began in service.

The veteran's back pain and joint pain are not service-connected, as they are attributed to his own degenerative conditions rather than an undiagnosed illness or exposure.

The Board denied the veteran's claim for a rating in excess of 20 percent for his service-connected low back strain, finding that the evidence did not more nearly approximate severe limitation of motion or favorable ankylosis.

The Board has remanded the case due to insufficient development of evidence, including treatment records from Vietnam and a new VA examination.

The Board has determined that the veteran's claimed conditions are not related to his military service.

The Board denied the veteran's claims for service connection of a back disorder, schizophrenia, and bronchitis. The claim for an increased rating for bilateral flat feet was also denied.

The Board has determined that the veteran's claimed conditions are not service-connected due to lack of evidence showing they were incurred during active duty or training.

The veteran's PTSD is rated at the highest possible disability rating, and his degenerative disc disease with myofascial syndrome of the entire spine is also rated at its maximum. The VA has granted these ratings effective from the date of the decision.

The VA denied a higher evaluation for the veteran's service-connected lumbar spine injury, currently rated at 20 percent.

The Board found that the veteran's back injury in service was acute and transitory, with no continuing disability present at separation. The Board concluded that there is insufficient evidence to establish a nexus between his current spinal stenosis and his active military service.

The Board has determined that the veteran's claimed degenerative joint disease of the cervical and lumbar spine is not service-connected as there is no evidence of such conditions in service or within one year post-service, and no medical nexus between current disability and service.

The veteran's claims for service connection for various conditions, including arthritis, leg disability, low back disability, anemia, menstrual disorder, lip scars, and PTSD, were denied as there is no evidence of a direct relationship between these conditions and her military service.

The veteran's service-connected lumbar spondylitic changes, degenerative changes of the sacroiliac joints, thoracic spine osteoporosis and spondylitic changes are shown to have been productive of a separately ratable disability picture that more nearly approximates moderate functional loss due to pain involving the lumbar spine. The veteran's right shoulder disability picture is manifested by X-ray evidence of degenerative changes with some pain but no compensable limitation of motion.

The Board has determined that the veteran does not have a back disability related to service or within one year of separation, and therefore denied his claim for service connection.

The Board has determined that the veteran's PTSD is service-connected and an increased rating for his lumbosacral strain is granted.

The Board denied an increased rating for the veteran's lumbar spine disability, finding that the criteria in effect prior to September 26, 2003 were more favorable to the veteran.

The Board found that the veteran's current back disability is not related to his active duty service and does not meet the criteria for secondary service connection based on his service-connected traumatic arthritis of the right knee. The claim was denied.

The Board found that the reduction of the disability evaluation from 60% to 40% was improper, and denied the increased rating claim.