Back / lumbar spine decisions — 2006

The veteran's claims for increased ratings for migraines, low back disorder, right knee disorder, and left knee disorder were denied. The veteran was not granted any higher disability ratings.

The Board finds that the veteran does not have a current low back condition for which service connection may be granted, and his headaches do not meet the criteria for an initial evaluation in excess of 10 percent.

The Board has dismissed the appeal for service connection for a cervical spine disability due to withdrawal by the veteran. The lumbar spine disability is denied as there is no evidence of a current disability related to service.

The Board denied the veteran's application to reopen his claim of entitlement to service connection for a chronic low back disability, finding that the additional evidence submitted was not new and material.

The veteran's claims for higher initial disability ratings were denied. The VA found that the residuals of low back surgery with left sciatic nerve pain did not meet criteria for a rating higher than 20 percent, and the left knee tendonitis and pterygium of the right eye each warranted only a 10 percent initial rating.

The veteran's lumbar spine disability and left lumbosacral radiculopathy were evaluated, but the RO denied an increased evaluation. The current evaluations are 40 percent for the lumbar spine disability and 20 percent for the radiculopathy.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claims for service connection for a chronic low back disorder and a chronic right hip disorder. The low back disorders are related to his service-connected disabilities, while the right hip disorder is not linked to any exposure basis.

The Board found that the veteran's current conditions were not caused by VA negligence or fault, and thus denied his claims for compensation under 38 U.S.C.A. § 1151.

The Board has granted service connection for cervical and lumbar degenerative disc disease, cervical and lumbar spondylosis, lateral wedge compression fracture at L3, and acquired mid-lumbar levoscoliosis. The other issues were not resolved in favor of the veteran.

The Board finds that an evaluation in excess of 20 percent for service-connected chronic lumbosacral strain with degenerative arthritis is not warranted under either the former or revised criteria.

The Board has remanded the case due to issues related to an effective date for a total disability rating based on individual unemployability (TDIU). The appellant's claim is being reviewed in light of additional evidence and compliance with VCAA notice requirements.

The veteran's claims for increased ratings and service connection were denied. The RO found that the veteran did not meet the criteria for higher disability ratings or an earlier effective date.

The Board found that the veteran's lumbar spine disability did not meet or approximate the criteria for a higher rating under former Diagnostic Code 5293 (as in effect prior to September 23, 2002). The current 40 percent rating was therefore denied.

The Board has determined that there is no evidence to support a finding of service connection for DDD of the cervical spine, as it was not demonstrated in service or within one year after discharge.

The Board denied the veteran's claim for an increased evaluation of his service-connected residuals of a low back injury, currently rated at 10 percent.

The Board found that the veteran's thoracolumbar and cervical spine disabilities pre-existed service, and there is no clear and unmistakable evidence of aggravation during service. Therefore, these conditions are not service-connected.

The VA determined that the veteran's low back strain with radiation to the left hip is currently manifested by pain and limited motion, but does not meet the criteria for a rating in excess of 20 percent.

The VA determined that the veteran's lumbosacral strain with degenerative joint disease resulted in a disability rating of 20 percent, which is the current rating for this condition.

The Board has denied the veteran's claims for service connection for a right hip disorder and a chronic low back disorder, finding that there is no evidence of such conditions during service or for many years thereafter. The preponderance of the evidence does not support a finding that these current disabilities are related to his service-connected arthritis of the left knee or bilateral hallux valgus with metatarsalgia and arthritis of the feet.

The veteran's lumbosacral strain with disk herniation at L4-5 and L5-S1 is rated at 60 percent, the maximum available under current rating criteria.