Back / lumbar spine decisions — 2005

The Board denied the veteran's claims for higher ratings for his lumbar spine disorder, finding that a rating in excess of 40 percent prior to November 12, 2002 and a rating in excess of 60 percent from November 12, 2002 were not warranted.

The Board has determined that the veteran's upper and lower back, bilateral shoulder, bilateral leg, right hip, and right knee conditions are not attributable to service or any presumptive exposure basis. The VA examiners have opined that these conditions are more likely due to post-service injuries, including a motor vehicle accident in 1996.

The Board has remanded the case for further review of new evidence submitted by the veteran, and the claim will be reconsidered.

The Board denied the veteran's claims for increased ratings for his service-connected lumbar sprain, finding that the evidence did not support a rating in excess of 40 percent from May 28, 2005.

The veteran's appeal is being remanded due to his request for a videoconference hearing. The claims of service connection for low back disability, nicotine dependence, pulmonary disability, and heart condition are still under review.

The veteran's low back disability was found to not warrant a rating in excess of 20 percent prior to April 14, 2005 or in excess of 40 percent from that date.

The VA determined that the veteran's service-connected lumbar herniated nucleus pulposus does not warrant a rating higher than 10 percent, as it did not result in more than slight limitation of motion.

The Board has determined that the veteran's service-connected lumbosacral strain with degenerative disc disease warrants a 20 percent rating effective from April 22, 2004.

The Board has remanded the case for further development to determine if the appellant's low back disability is related to his military service.

The appellant is seeking higher evaluations for her service-connected lumbar spine, cervical spine, and right ankle disabilities. The initial evaluations were granted but not increased beyond the 10 percent levels.,For the diverticulosis disability, she seeks an evaluation in excess of 10 percent from December 1, 1999.

The Board has granted the veteran's claim for service connection for lumbar disc disease, finding that his current condition is related to an injury he sustained in service.

The veteran's claim for a higher rating for multiple joint pain is being remanded due to the need for further examination and consideration of whether he should be service-connected for low back or left ankle disorders, apart from the multiple joint pains.

The Board has remanded the veteran's claims for increased evaluations of his service-connected lumbar strain and eczema of the hands with right hand verruca vulgaris due to new evidence and changes in rating criteria.

The veteran's appeal is being remanded for additional development, including obtaining treatment records and scheduling VA examinations to assess the severity of his service-connected hypertension and lumbosacral spondylosis.

The veteran's chronic lumbosacral strain with spondylolisthesis at anterior L5 and S1 is productive of pronounced symptomatology, warranting a 60 percent evaluation.

The Board denied the veteran's claims of entitlement to service connection for low back disability, hypertension, left hand disability, right hand disability, right foot disability, and left foot disability. The only condition found was a current diagnosis of GERD.

The Board has determined that the veteran's current low back and left shoulder disorders are not related to service, but his current left knee injury with traumatic arthritis and chronic strain of the right knee are found to be at least as likely as not (50% likelihood or greater) related to service. As such, these conditions have been granted service connection.

The Board has determined that new and material evidence has not been received to reopen the veteran's claims of service connection for right leg, right knee, and low back disorders. The RO previously denied these claims in August 1996 on the grounds that any current conditions were not incurred or aggravated by service.

The Board has granted a 40% rating for lumbosacral strain with degenerative changes effective April 1, 2005. The claim for TDIU remains pending as the combined rating does not meet the threshold for individual unemployability.

The veteran's appeal is being remanded for additional development of his medical records, particularly those from the Naval Hospital at Roosevelt Roads in Puerto Rico.