Back / lumbar spine decisions — 2006

The Board denied a request for an earlier effective date of January 11, 2002 for the assignment of a 40 percent rating for low back strain.

The Board has granted increased evaluations for the veteran's service-connected hypertension and lumbosacral strain, with a maximum of 40 percent each. The claim for bilateral numbness is denied as not due to service or service-connected conditions.

The Board has determined that the veteran's low back condition is not related to service or a service-connected disability, and thus denied his claim for service connection.

The veteran's cervical and lumbar spine conditions have been granted increased ratings, while his hand condition remains noncompensable.

The Board has remanded the case for further development and consideration of the veteran's claims, including a psychiatric examination to determine if any diagnosed psychiatric disorder is secondary to service-connected disability.

The Board has denied the claims for service connection for anemia and low back disability due to lack of evidence showing a link between these conditions and service.

The Board has determined that the veteran's current chronic low back disability, including degenerative disc disease of the lumbar spine, was not incurred in or aggravated by his active duty service.

The Board has remanded the veteran's claims for dental trauma, migraines, and a back condition due to incomplete documentation of his service records and failure to provide proper VCAA notice.

The Board has determined that there is no evidence of chronic ulcer disease or herniated disc of the lumbosacral spine in service, and thus denied both claims.

The veteran's residuals of a lumbosacral injury are manifested by pronounced intervertebral disc syndrome, with more than mild neurological symptoms and severe limitation of lumbar spine motion. A 60 percent rating is warranted for these conditions.

The Board has determined that the appellant's degenerative disc disease is likely due to an injury sustained during INACDUTRA, and thus service connection is granted.

The Board denied the veteran's claims for service connection for cervicalgia and intervertebral disc disorder of the lumbar spine.

The veteran's low back disability is rated at 20 percent effective June 27, 2005.,Beginning on May 6, 2004, the service-connected low back disability was rated at 10 percent.

The Board denied service connection for bilateral hearing loss, degenerative disc disease of the lumbar spine, asbestos exposure, and radiation exposure. The veteran's current conditions are not related to his military service or any in-service exposures.

The Board has granted a 40 percent rating for the veteran's gunshot wound, Muscle Group XX, right lumbar with closed comminuted fracture, spinal process, 4th lumbar.

The Board found that the veteran's low back disability did not warrant a rating in excess of 20 percent prior to April 28, 2000, or in excess of 40 percent beginning on that date.

The Board has determined that the veteran's low back disability, diagnosed as degenerative disc disease, was incurred during his military service.

The veteran's low back strain with degenerative disc disease of L5-S1 and degenerative arthritis is currently rated at 40 percent, but the Board has determined that a higher evaluation of 60 percent is warranted based on severe limitation of motion, muscle spasm, and absent ankle jerk.

The Board denied the veteran's claims for service connection for degenerative disc disease as secondary to his service-connected fracture of left transverse process at L2 and a compensable disability rating for residuals of that fracture. The evidence did not support a finding that the current back disorders were related to the in-service injury.

The Board denied the veteran's claims for increased ratings for his back and right great toe disabilities, finding that they did not meet the criteria for a higher rating based on their current symptomatology.