Back / lumbar spine decisions — 2005

The Board granted a 40 percent disability rating for degenerative disc disease with arthritis of the lumbar spine, effective as of February 25, 1998. The veteran's claim for TDIU was also granted.

The veteran's lumbosacral strain with coccyodynia was granted a 20 percent rating effective January 16, 1996. The right ankle disability was also granted a 10 percent rating from the same date.

The VA determined that the veteran's service-connected lumbar spine disc disease does not warrant a higher initial disability rating, as it does not meet the criteria for severe impairment or incapacitating episodes.

The Board denied the veteran's claims for service connection for hemorrhoids and a low back disorder, finding that there was no evidence of such conditions in service or for many years thereafter.

The veteran's fibromyositis of the lumbosacral paravertebral muscles with limitation of forward bending is currently rated at 40 percent, which is the maximum rating available under current VA regulations.

The veteran's claim for an increased evaluation of her service-connected low back strain was denied as the evidence did not meet the criteria for a higher rating under the applicable VA rating criteria.

The Board has denied the veteran's claim for service connection for a low back disability, finding that there is no evidence of any injury to the low back during his period of active duty for training in June 1986. The Board also found that the current low back symptoms are not related to the cervical spine injury from 1986.

The Board has determined that new and material evidence was submitted to reopen the claim for service connection for a low back disability. The current low back disability is not considered to be related to any incident of service.

The Board has reopened the claim for service connection for degenerative joint disease of the dorsal and lumbosacral spine due to new evidence. However, service connection is not granted as there is no direct or secondary link between these conditions and service.

The veteran's DDD of the cervical and lumbar spine is service-connected. The sinus disorder, allergies, fever, and throat constriction are not considered to be related to his military service or Agent Orange exposure. His PTSD remains at a 30 percent rating.

The Board denied the veteran's request for an effective date prior to January 25, 2001 for service connection of bilateral flat feet and arthritis of the lumbar spine with chronic pain syndrome due to lack of evidence showing these conditions were related to his military service.

The Board has remanded the case for additional development due to incomplete medical records and the need for an orthopedic examination.

The veteran's military disability severance pay is deducted from his VA compensation, and he is denied an initial rating in excess of 10 percent for headaches.

The veteran's claims for higher initial evaluations for various service-connected conditions were granted, with the exception of his claim for a higher evaluation for tinnitus. The effective date is not specified.

The veteran's lower back disability was granted service connection effective April 16, 1998. An initial evaluation of 20 percent was assigned prior to March 10, 2000 and an increased evaluation of 40 percent was assigned beginning March 10, 2000.,The veteran's allergic conjunctivitis of both eyes is currently rated at 10 percent.

The Board denied service connection for lumbar strain with post-operative residuals of a laminotomy and cervical strain, finding no evidence linking these conditions to the veteran's military service.,Service connection was also denied for PTSD due to lack of credible supporting evidence that the claimed in-service stressor occurred.

The veteran's claim for an increased evaluation of his service-connected arthritis of the lumbar spine with chronic pain syndrome is being remanded due to incomplete medical records. The case will be returned to the RO after obtaining all relevant treatment records, including those from Gordon Memorial Hospital in 2004.

The Board has determined that the veteran's low back disability is directly related to an in-service injury, and service connection for this condition is granted.

The Board denied the veteran's claim of service connection for a back disorder, attributing it to presumed exposure to Agent Orange during his Vietnam service. The evidence did not support a finding that any of the listed presumptive conditions were present or related to his service.

The Board denied service connection for hypertension, back disorder, headaches (sinus), and sleep disorder. The veteran's PTSD was granted with a 30% evaluation.