Back / lumbar spine decisions — 2005

The veteran's lumbar spine disorder is rated at 30 percent, effective February 2001. The claim for reopening of service connection for left and right knee injuries was granted.

The veteran's appeal is being remanded for additional development, including scheduling a VA examination and issuing a supplemental statement of the case (SSOC). The issues are whether he should receive higher initial evaluations for his lumbosacral spine degenerative disc disease and T9 and L1 compression fracture residuals.

The Board has determined that the veteran's left knee and back disabilities are not related to his active duty service.

The veteran's service-connected degenerative disc disease of the lumbar spine is currently rated at 20 percent, reflecting moderate limitation of motion.

The veteran's petition to reopen his claim for service connection for a back disorder was denied. His right ankle and knee disorders are currently rated at 20 percent prior to October 18, 2004, and 30 percent thereafter.

The veteran's claims for increased ratings were granted, with evaluations of 60 percent for the postoperative residuals of degenerative disc disease of the lumbar spine and 20 percent for neuropathy of the left lower extremity. The cervical spine claim was denied.

The Board granted a rating of 40 percent for the veteran's degenerative changes of the lumbar spine with disc protrusion at L5-S1, effective May 17, 2004.

The veteran's service-connected disabilities, including multiple orthopedic conditions affecting the same body system, render him unable to secure or follow substantially gainful employment.

The veteran's service-connected degenerative discospondylosis of the lumbosacral spine is currently rated at 20 percent disabling prior to December 15, 2004 and denied for higher ratings. From December 15, 2004, his disability remains rated at 20 percent.

The veteran's claims for increased ratings and reopening of a service connection claim are being remanded due to the need for additional medical records, including VA treatment records from San Juan VAMC, private physician records, and Social Security Administration records. A more contemporaneous examination is also needed.

The Board found that the veteran's lumbar spondylosis was not incurred or aggravated during service and denied his claim.

The veteran's bilateral hearing impairment, right knee disability, and low back disability are not service-connected.,There is no medical evidence linking these conditions to his military service.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claim for service connection for a low back disability.

The Board has reopened the veteran's claim for service connection for a back disorder and psychiatric disorders, including PTSD. The new evidence supports these claims.

The Board has determined that the veteran does not have a current disability for which service connection can be granted, and therefore his claims are denied.

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

The VA denied service connection for a right wrist disability and hearing loss of the left ear, as well as initial ratings for low back and left knee disabilities. The veteran's current conditions have not been demonstrated to be related to his military service.

The Board has determined that the appellant's fibromyalgia and lumbar spine disorder are not related to her active service, with the exception of a motor vehicle accident in October 1995 which significantly worsened these conditions. As such, the claims for service connection have been denied.

The veteran's service-connected degenerative changes of the lumbar spine are rated at 60 percent, and his disability renders him unable to retain gainful employment. The RO reduced this rating from 60 percent to 40 percent effective April 1, 2000, but found that reduction improper due to lack of improvement in his condition.

The Board denied service connection for a back disorder and an increased rating for dermatophytosis of the feet, but did not address the gastrointestinal disorder due to lack of evidence.