Back / lumbar spine decisions — 2005

The Board denied a rating in excess of 10 percent for the veteran's low back disability, finding that his symptoms did not warrant such an increase.

The veteran's appeals for service connection for right ankle and low back disabilities have been dismissed due to the veteran's withdrawal of his appeal.

The veteran's claim for a total schedular disability rating for traumatic osteoarthritis of the lumbosacral spine is granted, effective June 26, 1998. The claim of entitlement to a TDIU is dismissed as moot due to the grant of a 100 percent rating.

The Board found that the veteran's current low back disorder is not related to his military service and denied his claim for service connection.

The Board has remanded the case due to incomplete medical records and the need for further examination.

The Board has determined that additional evidence is needed to fully and fairly consider the merits of the veteran's claims, including obtaining records from the Social Security Administration and a VA joints examination.

The veteran's lumbosacral strain has been rated at 20 percent, the highest available under the old rating criteria for this condition.

The Board has granted service connection for the veteran's claimed bilateral knee disorder, an innocently acquired psychiatric disorder (depression), degenerative arthritis of the low back, and peptic ulcer disease. The right hand disorder is not currently addressed as it was withdrawn from consideration.

The Board has determined that the veteran does not meet the criteria for service connection for flat feet, headaches, right and left knee disorders, or a low back disorder. The claims are denied.

The Board has determined that the veteran's low back and hip disorders are not related to service, and thus denied both claims.

The Board denied service connection for various conditions and assigned noncompensable evaluations for the low back disability, but granted service connection for other conditions.

The veteran's asthma and degenerative joint disease of the lumbar spine are currently rated at their maximum allowable under VA rating criteria, with no further increase in evaluation possible.

The Board has reopened the veteran's claim of service connection for a back disability, but denied the claim on the merits as there is no competent clinical evidence showing that any current back disability was incurred or aggravated by active service.

The veteran's claims for increased ratings for his service-connected low back disorder and for service connection for a skin disorder and hepatitis C were denied. The veteran's claim for an increased rating for his low back disorder was not granted prior to July 19, 2002, but he is currently rated at 20 percent since that date.

The veteran's claims for service connection for hearing loss, defective vision in the left eye, back disorder, and chronic pathology of the feet have been denied as new and material evidence has not been received to reopen these claims.

The Board has denied the veteran's claims for service connection for various disabilities, including hypertension, obesity, right hip disability, left hip disability, left foot disability, left knee disability, and left ankle disability. The effective date of a temporary total disability rating based on convalescence following VA hospitalization in November 1996 is also denied.

The veteran's chronic lumbosacral strain with degenerative disc disease and radiculopathy has been rated at 40 percent since November 1978, based on severe limitation of motion and mild neurological deficit.

The Board denied the veteran's claims for service connection for low back, left elbow, and bilateral knee disorders. The RO found no medical evidence suggesting these conditions originated in service or were otherwise causally related to his military service.

The VA has determined that the veteran's lumbosacral strain with degenerative joint disease does not meet or approximate the criteria for a higher disability rating than 40 percent.

The veteran's PTSD was granted service connection. The other claims, including those for joint aches, skin rash, headaches, dizziness, Epstein-Barr virus, hypertension, hallux valgus (right great toe), right knee injury residuals, and low back disorder, are being remanded for additional development.