Back / lumbar spine decisions — 2006

The Board found that the veteran's claim for a temporary total evaluation based on a service-connected disability requiring hospital treatment or a period of convalescence was timely filed. The case is now remanded to VBA for further adjudication on the merits.

The Board has determined that the veteran is entitled to a 60 percent evaluation for chronic lumbar strain with degenerative disc disease (DDD) with traumatic arthritis, but no higher. The claim for increased hearing loss was denied.

The Board found that the veteran's current back and right knee disabilities are not related to service, and thus denied his claims for service connection.

The veteran's appeal includes claims for higher ratings for degenerative disc disease of the lumbar spine and left lower extremity radiculopathy. The RO has not yet considered these issues under the most recent rating criteria, so a remand is necessary to ensure proper evaluation.

The Board has found that the veteran's lumbar spine disorder is attributable to trauma sustained during military service, and thus grants service connection for this condition.

The veteran's appeal has been withdrawn, and the case is dismissed.

The Board denied the veteran's claims for increased ratings for cervical spine stenosis, degenerative disc disease of the lumbar spine at L5-S1, and headaches. The veteran was currently in receipt of a maximum disability rating of 60 percent for his service-connected cervical spine disability.

The Board denied the veteran's claims for earlier effective dates for increased ratings of his service-connected right shoulder and low back disabilities, finding that no evidence was submitted prior to February 25, 2002, consistent with a claim for such increases.

The Board found that the veteran's low back disability and left fourth toe fracture did not originate in service or are related to service. The claim for a low back disability was denied, while the claim for an initial compensable evaluation for the left fourth toe fracture was also denied.

The veteran's right hip disorder and degenerative disc disease, L5-S1, L4-L5, and lumbar myositis are not service-connected. The veteran's back disability is currently rated at 30 percent on and after May 16, 2006.

The Board has determined that the veteran's claims for service connection for chest pain, major depression, left knee disorder, low back disorder, and bilateral foot disorder are denied as there is no competent medical evidence to support these claims.

The Board denied the veteran's claim for an increased rating for her service-connected low back disability, finding that the evidence did not show that her condition warranted a higher rating.

The veteran's lumbar spine disability has been rated at 10 percent since October 1, 2001. The RO found that the condition is manifested by limited range of motion but without any additional functional impairment or other significant symptoms.

The veteran's appeal is being remanded for additional development, including obtaining VA records and scheduling examinations to assess the severity of his service-connected disabilities.

The veteran's claims for service connection for diabetes mellitus, depression, a back disability, impaired sleeping, nightmares, and night sweats were denied as there is no evidence of these conditions during or related to his military service.

The Board found that the veteran's service-connected low back disorder did not show ankylosis, continuous forward flexion limited to 30 degrees or less, and no incapacitating episodes requiring bedrest prescribed by a physician. Therefore, the criteria for a higher rating were not met.

The Board has determined that the appellant's low back disability was not incurred in or aggravated by service, but his bilateral pes planus was aggravated by service. The effective date of any potential award would be the date of receipt of the claim for pes planus.

The Board has remanded the case for further adjudication by the RO, including consideration of additional evidence submitted by the appellant.

The veteran's appeal has been dismissed as he withdrew his appeal prior to a decision being made.

The Board granted a 60 percent disability rating for the residuals of a pneumothorax, effective from January 1, 1998.