Back / lumbar spine decisions — 2006

The Board denied the appellant's claims for an increased rating for his service-connected lumbar spine disability and for a TDIU.

The veteran's lower back disability is currently rated at 40 percent effective May 2, 2003. The evaluation reflects severe recurring attacks of intervertebral disc syndrome with symptoms such as demonstrable muscle spasm and limited range of motion.

The Board has determined that the veteran's current degenerative joint disease of the lumbar spine is related to his service, specifically an incident in 1987 where he fell from a vehicle and landed on his back. The claim for service connection is granted.

The Board found that the veteran's low back disability was not incurred in or aggravated by active service and denied his claim for service connection.

The Board has granted a higher disability rating of 40 percent for lumbosacral strain, effective from December 20, 2001. The veteran's claim for service connection for numbness and tingling in the legs, hands, and fingers remains pending.

The Board has reopened the claims for low back disorder and flat feet, but denied all other issues.,Service connection was not established for left hip fracture, left hand arthritis, or PTSD.

The Board has granted initial compensable ratings of 10% for the veteran's service-connected low back condition, hemorrhoids, and gouty arthritis of the metatarsophalangeal joint as of February 15, 2003.

The Board denied service connection for a low back disorder in June 2000. The RO determined that new and material evidence had not been received to reopen the claim in June 2002.

The Board has remanded the case for additional development, including obtaining medical records and verifying stressors.

The veteran's appeal is being remanded for further development, including a VA examination and proper VCAA notice.

The Board has decided to remand the case for additional development, including obtaining a VA spine examination and ensuring that copies of correspondence are forwarded to the appropriate authorized representative.

The Board denied service connection for degenerative joint disease of the right knee and a lumbar spine disability, including levoscoliosis. The veteran's current conditions are not related to his service or his service-connected right second toe disability.,For the evaluation in excess of 10 percent claim, the evidence did not support an increased rating.

The Board found that the veteran's current back disability is not related to his military service and denied his claim for service connection.

The Board has remanded the veteran's claim of service connection for a low back disability, to include as secondary to his service-connected right knee disability. The case will be reviewed again after additional development and examination.

The Board denied the veteran's claims for an increased disability rating and service connection for a psychiatric disorder, finding that there was no factual basis to grant earlier effective dates.

The Board granted an increased evaluation of 20 percent for lumbosacral strain from December 10, 2002. The veteran's stomach disorder was not service-connected.

The Board has granted a 10 percent rating for the veteran's low back disability since December 1, 1998. The RO increased this to 20 percent effective December 1, 1998 and then to 40 percent effective May 11, 2004. The veteran's right buttock and posterior thigh sciatica are rated at 10 percent, while the radiculopathy of the left lower extremity is also rated at 10 percent.

The veteran withdrew his appeal for an increased evaluation of his service-connected low back disability.

The Board denied the veteran's claims for service connection for depression, a low back disability, epididymitis, prostatitis, and ulcers. The evidence did not support a link between these conditions and his military service.

The Board found that the evidence submitted did not raise a reasonable possibility of substantiating the claim for service connection, and thus denied reopening of the previously denied claim.