Back / lumbar spine decisions — 2005

The Board denied the veteran's claims for increased ratings for his low back strain, incomplete paralysis of the sciatic nerve in both lower extremities, and patellofemoral pain syndrome of the right knee. The evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board has determined that the current rating decision denying a TDIU is not final and requires further development to ensure compliance with VA's duty to assist. The veteran's service-connected disabilities, including chronic lumbosacral strain, residuals of injury of the left knee with traumatic arthritis, bronchial asthma, and tinnitus, are being evaluated for their impact on his employability.

The veteran's claims for reopening service connection for psychiatric disability, seizure disorder with amnesia, headache disorder, and back disability are being remanded due to the need to obtain additional evidence from Social Security Administration.

The Board denied the veteran's claims for increased ratings for asthmatic bronchitis, low back strain, and hypertension. The veteran's asthma was rated at 60 percent, his low back strain at 20 percent, and his hypertension at 10 percent.

The Board denied the veteran's claim for an increased rating of his right wrist disability and did not reopen his previously denied claim for service connection of a back disability. The evidence received since the last denial was found to be either cumulative or redundant.

The veteran's claims for service connection for glaucoma and a back disorder are being remanded to the RO for additional development of his records, including VA treatment records, Social Security Administration records, and Reserve service records. The RO will also provide the veteran with an opportunity to submit evidence and be afforded examinations to determine if any current conditions are related to his military service.

The veteran's claim for an increased evaluation of his lumbosacral strain with degenerative joint and disc disease is being remanded due to the need for additional medical examination and consideration of recent changes in VA rating criteria.

The Board has determined that the veteran does not have a current disability of hepatitis or a back disorder that was incurred in service, and thus denied both claims. The claim for hepatitis is also denied as new and material evidence has not been submitted.

The Board has determined that the veteran's degenerative disc disease was not incurred in or aggravated by active duty, and therefore denied his claim for service connection.

The Board has decided to remand the veteran's claims for increased ratings due to incomplete development of evidence, particularly regarding his low back disorder and affective disorder. The RO is instructed to provide further development as necessary before deciding these claims.

The Board has reopened the veteran's claim of service connection for a back disorder due to new evidence submitted since the last final denial. However, the claim is still denied as there is no competent medical evidence showing that the current back disorder was incurred during active military service.

The veteran's service-connected disabilities do not render him unable to obtain or retain gainful employment.

The veteran is granted an effective date of July 27, 1992 for a 40 percent evaluation of his residuals of a lumbar laminectomy infection. He was not entitled to an earlier effective date.

The veteran's appeal is being remanded for additional development of his medical records and examination reports.

The veteran's claim for an earlier effective date for service connection of a low back disability is denied. The Board finds no evidence of an intent to file a claim for a low back disorder prior to his discharge from active duty in October 2000.

The Board has denied the veteran's claim for service connection for a back disorder, finding that there is no evidence linking his current condition to his military service.

The veteran's lumbar spine disability is manifested by complaints of pain, tenderness and stiffness; and no more than moderate limitation of spine motion consisting of 80 degrees of forward flexion in the low back accompanied by pain, beginning at 60 degrees; extension limited to 30 degrees, with pain beginning at 20 degrees; left and right side bending limited to 30 degrees, with pain at 20 degrees; and no evidence of deformity. The criteria for an evaluation in excess of 20 percent for lumbar spine strain have not been met.

The Board has granted a 60 percent disability rating for the veteran's service-connected lumbosacral strain with myofascitis and disc strain at L5-S1, which is the maximum allowable under current criteria.

The Board has remanded the case due to insufficient rationale in the VA examination report and because Tuscaloosa VA Medical Center records are needed for consideration.

The Board is unable to determine the outcome of some claims due to insufficient evidence, but has determined that new and material evidence has been submitted for others. The veteran's service connection claims are pending.