Back / lumbar spine decisions — 2006

The veteran's PTSD was granted service connection as it is linked to his combat-related stressors. The lower back disability claim will be remanded for additional development.

The veteran's claims for increased ratings for his service-connected right ankle sprain with arthritis and instability, as well as low back disability, are being remanded due to the need for additional development.

The Board has determined that a remand is necessary to ensure the veteran's claims are evaluated under both the previous and revised rating criteria for his service-connected low back and right ankle disabilities, as amended in September 2002 and September 2003. The RO must also obtain any outstanding medical records and schedule the veteran for appropriate VA examinations.

The Board has granted service connection for keratoconus, a low back disability, and irritable bowel syndrome (presumed to be due to Gulf War service). The veteran's depression is not found to be related to any service-connected condition.

The Board has decided to remand the veteran's claims for cervical and lumbosacral strain due to additional development of evidence, including a VA examination.

The Board has determined that the veteran's service-connected low back disability, right foot fasciitis with calcaneal spur and flatness, and left foot fasciitis with calcaneal spur and flatness do not warrant a higher rating under either the old or new VA rating criteria.

The Board has remanded the case for further development, including obtaining etiological opinions on service connection claims and a new VA examination for pes planus. The veteran's increased evaluation claim involving pes planus is also being remanded.

The veteran's service connection for plantar fasciitis of the right foot is granted. The claims for increased ratings for his lumbar spine and right distal clavicle resection are still pending.

The VA has determined that the veteran's service-connected right shoulder, lower back, and gastritis conditions do not warrant an increased rating above their current levels.

The veteran's claim for service connection for a back disorder is being remanded due to incomplete development and the need for proper notice under VCAA.

The Board found that the evidence does not support a conclusion that there is an etiologic relationship between the veteran's service-connected right knee disability and his claimed left heel spur, chondromalacia of the left knee, or degenerative joint disease in the lumbar spine.

The Board has determined that the veteran's low back disability was incurred in service and is granted service connection.

The veteran's initial claim for a higher evaluation for his degenerative changes of the lumbar spine was granted, and he is currently rated at 40% since August 6, 2002. The rating will remain at 40% until June 15, 2004 when it decreased to 20%.

The veteran's low back disability and associated peripheral neuropathy in the lower extremities have been granted increased evaluations, with a primary evaluation of 60 percent for his low back disability effective January 30, 2003.

The veteran's service-connected disabilities do not meet the minimum percentage requirements for a TDIU, but further examination and review of his VA rehabilitation records are needed to determine if he is unemployable due to these conditions.

The veteran is entitled to an effective date of July 21, 1980 for the award of a total disability rating based on individual unemployability (TDIU) due to his service-connected back disorder.

The Board has remanded the case for further development and examination of the veteran's service connection claims.

The Board granted a 20 percent initial rating for the veteran's bulging discs of the lumbosacral spine with arthritis, effective prior to April 23, 2002. The issue of TDIU remains on appeal.

The veteran's lumbosacral strain with myositis of the lumbar paravertebral muscles, L5 radiculopathy, and atrophy is rated as 60 percent disabling.

The Board denied the veteran's petition to reopen his claim for service connection for cervical and lumbar spine disorders with rheumatoid arthritis, finding that no new and material evidence had been received.