Back / lumbar spine decisions — 2005

The Board has determined that the criteria for a 20 percent rating have been met as of August 28, 2001. Therefore, the veteran is entitled to an increased rating for his service-connected lumbosacral strain.

The veteran's service-connected low back strain was rated at 10 percent prior to June 3, 2004. From June 3, 2004, the disability was rated at 40 percent under a different diagnostic code.

The veteran's appeal is being remanded due to the need for additional development, including obtaining SSA disability benefits records.

The Board denied service connection for blindness of the left eye, a low back disorder, and hypertension. The veteran's claims were not supported by medical evidence linking these conditions to his military service.

The Board has determined that a 40 percent rating is warranted for the veteran's service-connected low back strain with spondylolisthesis at L5-S1, which results in severe limitation of motion.

The Board found no evidence of a chronic back disorder related to service, and denied the claim for service connection.

The veteran's service-connected right knee disability has worsened his arthritis of the low back and lumbar disc disease, warranting service connection for this degree of aggravation.

The Board has reopened the claim for service connection for a heart murmur but denied all other claims, including secondary service connection for arthritis of the hip and compensation under 38 U.S.C.A. § 1151.

The veteran's claims for service connection for a chronic left ankle disability, low back disorder, bilateral defective hearing, and tinnitus are being remanded due to the need for additional medical examinations and evaluations.

The Board has referred the veteran's claim of service connection for a back disability and increased ratings for his service-connected disabilities to the RO for further action. The case is being remanded due to the need to locate additional medical records from the Portsmouth Naval Hospital.

The veteran's initial disability evaluation for lateral recess stenosis of the lumbosacral spine with degenerative joint disease and degenerative disc disease was denied, as his condition did not meet the criteria for a higher rating.

The Board has determined that the veteran's degenerative disc disease is related to his military service, and thus service connection for this condition is granted.

The Board has reopened the appellant's claims of service connection for bipolar disorder, sleep apnea, fractures and degenerative changes of the hips, knees, feet and arms, and fractures and degenerative changes of the cervical, thoracic and lumbar spine and a venous insufficiency. The claims were previously denied in July 1993 but reopened due to new evidence submitted by the appellant.

The veteran's chronic low back strain is found to be related to service, while other low back disabilities are not shown to have originated in-service.

The Board has determined that the veteran's back and neck disabilities are service-connected, but his coccyx/tailbone disability and right flank disability were not found to be related to service. The initial ratings for the left little finger and right ring finger scars remain at zero percent.

The veteran's lumbosacral strain with spasms, disc protrusion at L5-S1, and mild degenerative disc disease was granted a 40 percent evaluation effective April 26, 1993. The right patellar fracture residuals were initially evaluated as 20 percent disabling from April 14, 1998.

The Board has remanded the case for additional development, including obtaining medical records and arranging appropriate VA examinations to assess the severity of the veteran's service-connected lumbar spine disability. The appeal is pending further appellate consideration.

The VA has denied the veteran's claim for an increased evaluation for his degenerative joint disease of the lumbar spine, currently rated at 20 percent.

The Board found that the veteran does not have persistent symptoms compatible with sciatic neuropathy, unfavorable ankylosis of the entire thoracolumbar spine, or incapacitating episodes having a total duration of at least six weeks during the past twelve months. Therefore, the criteria for the assignment of a rating in excess of 40 percent for DDD of the lumbar spine have not been met.

The veteran's claim for a separate compensable rating for arachnoiditis of the lumbar and cervical spine was denied. The RO found that to award such a rating would constitute pyramiding under 38 C.F.R. § 4.14 (2004).