Back / lumbar spine decisions — 2005

The veteran's claims for increased ratings for degenerative joint and disc disease of the lumbar spine, cervical spine, and thoracic spine were denied as his conditions did not warrant higher initial evaluations.

The veteran's service-connected lumbosacral strain with early degenerative disc disease, L5-S1, is currently rated at 10 percent and does not meet the criteria for a higher rating based on current symptomatology.

The veteran meets the criteria for special monthly compensation for aid and attendance due to his service-connected low back disorders, which render him unemployable and unable to perform activities of daily living without assistance.

The VA denied an initial rating in excess of 10 percent for a lumbar strain, finding that the veteran's condition did not meet criteria for higher ratings based on limitation of motion or neurological findings.

The Board denied the veteran's claims for increased ratings for PTSD, low back pain, headaches, and sleep apnea. The claim for service connection for residuals of asbestos exposure was also denied due to lack of evidence of asbestosis or related disorders. The claim for service connection for residuals of toxic fumes exposure was denied because there is no current diagnosis of a chronic respiratory disorder.

The veteran's claim for an increased rating for carpal tunnel syndrome was granted, and he is now rated at 50 percent effective July 10, 2002. Service connection for GERD, degenerative disc disease (DDD) of the cervical spine, and low back disorder were also granted.

The veteran's claims for service connection and increased ratings were denied. The Board found no evidence of ankylosis or significant functional loss, and the current conditions do not meet the schedular requirements for a compensable rating.

The VA denied the veteran's claims for increased ratings for her service-connected fibromyalgia of the lumbar spine, finding that there was no evidence of intervertebral disc syndrome or ankylosis. The Board concluded that prior to April 20, 2004, the disability did not meet the criteria for a rating in excess of 20 percent, and since then, it did not meet the criteria for a rating in excess of 40 percent.

The veteran's appendectomy scar is granted service connection. Service connection for low back injury and left ankle and foot injury are denied.

The veteran's claim for an initial disability rating in excess of 40 percent for his service-connected lumbar spine degenerative disc disease, status-post L4-L5 discectomy with right lower extremity radiculopathy is being remanded due to the need for further medical evaluation and consideration of revised rating criteria.

The Board denied reopening the claims for service connection for lumbar spine, cervical spine, right arm (including right elbow), and right leg disabilities due to lack of new and material evidence.

The veteran's appeal has been dismissed due to his death.

The Board denied the veteran's claim of service connection for a back disorder in November 1980, finding that his current condition was not related to service. The VA has since provided additional evidence showing ongoing treatment and complaints of low back pain, but this does not provide new or material evidence to reopen the claim.

The Board has denied the appellant's claims of service connection for psychosis and a back disorder, finding that there is no evidence to support these claims. The appellant's preexisting conditions were not aggravated by his military service.

The veteran's disability rating for his traumatic arthritis of the thoracic and lumbosacral spine is denied as it does not meet the criteria for a higher rating.

The Board has determined that the veteran's left ankle and back disorders are not causally related to his service-connected knee disability. The evidence does not support a finding of secondary service connection for these conditions.

The Board denied the veteran's claims for service connection for a right knee condition and a lumbar spine condition, finding no new and material evidence to reopen the right knee claim and concluding that there was no current disability or link between the claimed conditions and service.

The Board has determined that the veteran's low back disability was not incurred or aggravated during his active duty service and thus denied his claim for service connection.

The Board has remanded the case for further development, including an orthopedic examination to assess the veteran's lumbar spine disability and determine appropriate evaluation.

The Board has determined that the veteran's current right leg, foot, ankle, knee and low back disorders are not related to his service. The pre-existing fractures did not worsen during service.