Back / lumbar spine decisions — 2005

The veteran's claims for increased ratings for degenerative disc disease of the lumbar spine and arthritis of the left knee with limitation of motion have been denied as his conditions do not meet the criteria for a higher rating under the applicable VA rating schedule.

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

The Board found that the veteran's low back disability, including degenerative disc disease and spondylosis of the lumbosacral spine, was not incurred or aggravated in service. The VA examiner stated it was as likely as not that the current low back pain is due to normal aging and degeneration.

The Board has determined that the veteran's current mid-to-upper back disability was not caused or aggravated by his military service and denied his claim for service connection.

The Board has remanded the case due to an unsuccessful attempt by the RO to locate the veteran, and for further medical evaluation of the veteran's low back disability.

The Board has determined that the veteran's claims for increased evaluations for his left knee and back disabilities are denied as there is no evidence of additional impairment warranting a higher evaluation under applicable diagnostic codes.

The Board finds that the veteran currently has a low back disability that is related to an injury during service, and grants his claim for service connection.

The RO denied an increased rating for the veteran's service-connected low back strain with radiation to the left hip. The case is being remanded due to regulatory changes, incomplete medical records, and need for a new VA examination.

The Board has granted the veteran's request to reopen his claim of service connection for arthritis of the left hip. The case is also remanded for further development regarding a low back disability.

The veteran was in receipt of a total disability rating based on individual unemployability due to service-connected disabilities since January 26, 1996. The appellant's claim for enhanced DIC benefits under 38 U.S.C.A. § 1311(a)(2) is denied as the criteria have not been met.

The Board denied the appellant's claims of service connection for right and left knee disorders, as well as his claim for a back disorder. The evidence submitted did not meet the criteria to reopen these claims.

The veteran's appeal is being remanded for additional development of his Social Security Administration and employer records to assess the severity of his back and psychiatric disabilities.

The veteran's lumbosacral spine disability is currently rated at 60 percent, but the Board denied an increased rating for this condition.

The Board denied the veteran's claim for an increased rating for degenerative disc disease, L5-S1, finding that his symptoms prior to September 23, 2002 did not warrant a higher than 40 percent rating. For the period subsequent to September 23, 2002, he was rated at 40 percent based on incapacitating episodes lasting less than six weeks.

The Board denied an evaluation in excess of the current 20 percent rating for degenerative changes of the lumbar spine, finding that the veteran's symptoms did not more nearly approximate severe than moderate disability.

The veteran's claims for higher initial ratings for his back injury, DDD of the lumbar spine, and neuropathy of both lower extremities have been granted. The RO has assigned specific ratings based on the severity of these conditions as of certain dates.

The Board has denied the veteran's claim for nonservice-connected pension due to a lack of evidence supporting his unemployability claims.

The Board has determined that the veteran's intervertebral disc syndrome of the thoracolumbar spine warrants a rating of 20 percent, effective from the date of claim.

The Board denied the veteran's claims for dental treatment, service connection for sprains of the left knee, ankle, and foot, low back strain, malar, maxillary, and mandibular fracture including malocclusion, and paranasal sinusitis. The appeals were based on inservice trauma but no new evidence was provided to support these claims.

The Board has granted a higher rating for the veteran's service-connected musculoligamentous low back strain from 20% to 40%, effective December 14, 2000. The appeal is remanded due to issues regarding neurological symptoms and functional impairment.