Back / lumbar spine decisions — 2006

The Board is remanding the case to provide notice regarding the evidence needed to substantiate service connection for degenerative joint disease of the lumbar spine, as found deficient in the previous denial.

The Board has remanded the case for additional development to determine if there is impairment to the cervical and dorsal aspects of the veteran's spine due to scoliosis or a fall in service, as well as whether his service-connected lower back disability renders him totally unemployable.

The veteran seeks an increased evaluation for his service-connected lower back disability, which is currently rated at 20 percent. The case has been remanded to obtain updated medical records and conduct VA examinations.

The veteran's claim for an increased rating for his service-connected inactive tuberculosis with involvement of the thoracic spine at T4 with degenerative disc disease is being remanded due to insufficient evidence and need for a new examination.

The Board finds that the veteran's current low back disability, including DJD and DDD of the lumbar spine, is not related to his military service. The preponderance of evidence does not support a finding that the veteran's current condition was incurred or aggravated during service.

The Board has granted a 40 percent evaluation for the veteran's lumbosacral strain, which is the maximum schedular rating available under the old criteria. The new criteria do not provide a higher rating.

The veteran's degenerative joint disease of the lumbosacral spine was rated at 10 percent prior to October 20, 2005.,Effective October 20, 2005, the veteran's disability rating for his lumbosacral spine condition was increased to 20 percent.

The VA has determined that the veteran's low back injury does not warrant a rating in excess of 40 percent.

The Board has remanded the veteran's case for further development, including a VA examination to determine the nature and etiology of his claimed headaches. The veteran is also being asked to provide any additional evidence he may have.

The Board has remanded the case for further development and readjudication, including obtaining medical records and scheduling an examination to assess the veteran's disability.

The Board has determined that the veteran's pre-existing upper back disorder was aggravated during her period of inactive duty for training, and thus service connection is granted.

The Board has remanded the case for additional development, including obtaining Social Security Administration records and scheduling VA examinations to determine if the veteran's current depression and low back pain are related to service.

The VA denied the veteran's claim for an increased rating for his service-connected lumbosacral strain, as it did not meet the schedular criteria for a higher rating.

The Board has determined that the veteran's recurrent chest wall strain originated during his period of active military service and granted service connection for this condition. The initial evaluations for erectile dysfunction, depression, and upper and lower back disorders are also addressed.

The Board found that the veteran does not have a current diagnosis of chronic disease processes manifested by bilateral hip, neck, and low back pain due to pes planus. The claim for service connection for right knee disorder secondary to pes planus is also denied.

The Board has denied the veteran's claims for service connection for residuals of a right hip dislocation and low back disability. The claim for anxiety disorder with hyperventilation syndrome is currently evaluated at 30 percent.

The Board granted a 40 percent rating for the veteran's low back disability effective April 11, 2001. The veteran previously had a 10 percent rating prior to that date.

The Board found that there is no competent evidence of current chronic respiratory or back disabilities, and thus denied the veteran's claims for service connection.

The veteran's service-connected chronic lumbar strain is currently rated at 20 percent and the Board finds that this rating adequately compensates her condition based on moderate overall limitation of motion and mild functional loss due to pain.

The Board granted an increased rating of 40 percent for the veteran's lumbosacral strain with degenerative joint disease and degenerative disc disease, but denied a higher evaluation for his right knee disability.