Back / lumbar spine decisions — 2006

The Board has determined that the veteran's disability of the low back warrants a rating of 40 percent since March 28, 2003. Prior to this date, the evidence does not support an evaluation in excess of 20 percent.

The veteran's low back injury resulted in moderate limitation of motion prior to February 19, 2004 and more severe symptoms from that date forward. The sinusitis was found to be non-compensable.

The Board has determined that the veteran's service-connected lumbar spine disability warrants a rating of 40 percent, reflecting moderate limitation of motion with additional limitations due to pain, fatigue, weakness, and lack of endurance.

The veteran's appeal is being remanded due to the need for additional examinations and information regarding his claims, particularly those involving service connection.

The Board denied the veteran's claims for increased ratings for his cervical and lumbar spine disabilities, as well as secondary service connection for right and left knee arthroplasties and a psychiatric disability. The evidence did not meet the criteria for higher evaluations under the applicable rating schedules.

The Board has determined that the veteran does not have a current left knee disability and therefore, service connection for this condition is denied. The low back issue was also addressed but no rating or effective date was assigned as it pertains to an ongoing appeal.

The VA denied an increased evaluation for the veteran's service-connected lumbar strain, currently rated at 10 percent.

The VA determined that the veteran's herniated disc at L5-S1 with degenerative disc disease was not incurred in or aggravated by service.

The Board denied the veteran's claims for an earlier effective date and a higher initial rating for his low back disability, finding that he failed to rebut the presumption of administrative regularity regarding the original claim filed in April 1956. The Board also found no evidence supporting a higher initial rating under revised criteria.

The Board denied the veteran's claim for an increased rating for his service-connected lumbar spine disorder, finding that the evidence did not meet the criteria for a disability rating in excess of 40 percent. The appeal was also denied regarding the veteran's claim for service connection for claustrophobia.

The veteran's claimed disabilities, including low back pain, knee pain, shoulder tendonitis, elbow epicondylitis, insomnia and lack of energy, memory loss, persistent cough, headaches, and nasal passage build-up, are not service-connected. The Board found no evidence linking these conditions to his military service or the Persian Gulf War.

The Board has reviewed the veteran's claims for service connection for various conditions and finds that there is no competent or probative evidence linking any of these conditions to his military service, including alleged receipt of an anthrax vaccine. As such, the veteran's claims are denied.

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

The veteran's claim for increased ratings for service-connected lumbar paravertebral fibromyositis was adjudicated. The decision is mixed, with some issues granted and others not.

The veteran's claim for PTSD was denied as there is no credible supporting evidence of the claimed in-service stressors.,Service connection for COPD was denied due to lack of in-service manifestations and current findings are not related to service.

The Board denied an increased rating for the veteran's postoperative residuals of bone spurs and disc excision, lumbar spine, but granted a 60 percent rating effective August 19, 2004. The claim for earlier effective date was also denied.

The Board denied the veteran's claims for earlier effective dates for his service-connected degenerative disc disease of the lumbosacral spine and total rating based on individual unemployability due to service-connected disabilities, finding that the earliest date assignable is April 10, 2002.

The VA has granted service connection for the veteran's lumbar spine disorder and assigned a 10 percent rating since January 1, 2002. The condition is currently manifested by chronic low back pain with intermittent episodes of increased pain, weakness, and spasms but without limitation of motion or evidence of incapacitating episodes.

The veteran's service-connected disabilities, while disabling, do not prevent him from securing and following substantially gainful employment.

The Board denied the veteran's claims for service connection for residuals of a spinal injury and for a total disability rating based on individual unemployability due to service-connected disabilities, finding that there was no evidence of chronic residuals of a spinal injury in service or a current disability related to military service.