Back / lumbar spine decisions — 2006

The veteran's service-connected thoracic outlet syndrome of the right shoulder warrants a 40 percent rating, but no higher. The veteran's bilateral hearing loss and excision of the superficial peroneal nerve neuroma of the left ankle do not warrant compensable ratings. The veteran's post operative plantar fasciotomy of the left foot, carpal tunnel syndromes (right and left), and lumbar spine disorder are all rated at 10 percent.

The Board denied all the claims except for the low back claim. The veteran's left varicocele was granted a 0 percent evaluation, but no other conditions were found to be service-connected.

The Board has granted an evaluation of 40 percent for the appellant's combined cervical/dorsal spine disability prior to January 2, 2002.

The veteran's service-connected degenerative disc disease with herniated nucleus pulposus and laminectomy at L4-5 is not productive of more than moderate limitation of motion, intervertebral disc syndrome, or incapacitating episodes necessitating bedrest prescribed by a physician. The disability remains rated as 20 percent disabling.

The veteran is seeking service connection for degenerative disc disease of the cervical spine at C-5, C-6, and C-7. The Board has determined that additional development is needed to fully consider his claim.

The Board found no evidence to support the veteran's claims of service connection for back disability and psychiatric disorder, concluding that there is insufficient medical evidence linking these conditions to his military service.

The Board has determined that the veteran's lumbosacral strain does not warrant a rating in excess of 10 percent, and his post-traumatic headaches do not meet criteria for an increased rating.

The veteran's service-connected lumbar strain and disc disease are rated at 40 percent since September 23, 2002. His cervical spine disc disease is rated at 20 percent effective February 17, 2005. The rating for hypertension remains at 10 percent from June 26, 2002.

The Board denied service connection for residuals of a nose polyp, residuals of a cyst on the left hand, and bilateral knee disabilities. The veteran's fibromyalgia was already service-connected with a 40% rating effective April 1, 2001.

The Board has remanded the case for further development and adjudication, including obtaining service medical records and seeking relevant private treatment records. The veteran's claims of entitlement to increased ratings for her left arm disability and service connection for degenerative disc disease of the lumbar spine are also being addressed.

The Board found that the veteran's lumbar spine disability did not meet or approximate the criteria for a rating in excess of 40 percent, as it did not manifest unfavorable ankylosis of the entire thoracolumbar spine, neurological signs associated with intervertebral disc syndrome, or incapacitating episodes.

The veteran's claims for service connection for chronic right hip disorder, chronic lumbar spine disorder, and chronic right sciatic nerve disorder were denied as they are not considered to be related to his active service.

The Board has denied the veteran's claims for service connection for GERD, chronic urethritis, degenerative disc disease at L4-5, and an acquired psychiatric disorder due to a lack of persuasive medical nexus evidence linking these conditions to his military service.

The Board found no evidence of current disabilities related to service, including bilateral hip, knee, ankle, foot disorders and residuals of a head injury. The veteran's headaches were not shown to be related to service.

The Board denied the veteran's claims for increased evaluations for traumatic arthritis of the cervical spine, lumbar spine with intervertebral disc syndrome, and radiculopathy of the left lower extremity. The ratings were found to not meet the criteria for an increased evaluation under applicable diagnostic codes.

The veteran's claims for increased ratings and TDIU were granted, with a rating of 60% assigned for his right knee disability (status post total right knee replacement).

The Board has determined that the veteran's chronic lumbosacral spine disorder, specifically degenerative disc disease, is service-connected as it originated during his active military service.

The Board found no evidence of a nexus between the veteran's GERD and her active military service, nor did it find any association between her middle and low back disability and her service. The claims were denied.

The Board denied the veteran's claim of entitlement to an increased disability rating for his service-connected degenerative arthritis of the lumbar spine, finding that the evidence did not show that the service-connected disability was so exceptional or unusual as to require referral for extraschedular consideration.