Back / lumbar spine decisions — 2006

The Board found that the veteran's current degenerative joint disease/degenerative disk disease of the lumbosacral spine is the result of aggravation during service, and granted service connection for this condition.

The VA determined that the appellant's dorsal/lumbar spine disability warranted a combined evaluation of 40 percent, effective prior to September 23, 2002.

The Board granted the veteran's claims for service connection for lumbar strain, major depression, and chemical dependency as secondary to his service-connected left ankle disorder.

The Board has determined that the veteran does not have any of the claimed conditions due to disease or injury incurred in service, and therefore denied all claims for service connection.

The Board has granted a 40 percent disability rating for the veteran's lumbar pain with spondylolisthesis and spondylolysis pars interarticularis at L5-S1, effective from July 10, 2004.

The Board denied service connection for a low back disability in April 2000 and found that the additional evidence submitted since then does not raise a reasonable possibility of substantiating the claim.

The Board has determined that new and material evidence has not been received to reopen the veteran's claim of service connection for a low back disability, including degenerative disc disease of the lumbar spine with history of low back syndrome.

The veteran's lumbar strain with degenerative disc disease at L4-5 is currently rated as 20 percent disabling, effective September 26, 2003. The claim for TDIU remains pending.

The veteran's claims for increased ratings were denied as the medical evidence did not show that his conditions warranted higher evaluations.

The veteran's claim for an increased evaluation for his service-connected status post chemonucleolysis of herniated disc at L5/S1 with residual chronic lumbar strain is being remanded due to the need for additional development, including consideration of applicable rating criteria and a more recent VA examination.

The Board has reopened the veteran's claims for service connection for chronic bilateral foot and back disorders, but has not yet decided whether new evidence supports these claims or if there is a basis to grant them.

The Board has granted a 40 percent evaluation for chronic lumbar sprain effective July 15, 2006. The veteran's claims for increased ratings for chronic cervical sprain and left knee medial meniscus tear and anterior cruciate ligament tear are denied.

The Board found no evidence of a current low back disability and denied the veteran's claim for service connection.

The Board denied the veteran's claims for an increased evaluation for low back strain and a retroactive effective date for service connection of PTSD. The veteran was granted service connection for PTSD with a 70% disability rating, effective March 22, 1996.

The Board has remanded the veteran's claims for additional development due to new evidence submitted by his representative.

The Board has reopened the veteran's claim for service connection for osteoarthritis of the lumbar spine and granted it. The Board also found that the veteran's depression is secondary to his service-connected osteoarthritis of the lumbar spine.

The Board denied the veteran's claims of service connection for bilateral flatfeet, lumbar spine degenerative disc disease, and bilateral knee injury. The claim for bilateral flatfeet was reopened but not substantiated on its merits.

The Board has reopened the claim of service connection for a psychiatric disorder and granted an increased rating to 40 percent for lumbar paravertebral myositis. The other issues remain unresolved.

The veteran's appeal of the denial of service connection for a right shoulder disability was not timely filed. The Board therefore lacks jurisdiction to consider this issue. For the other issues, the criteria for higher ratings were not met.

The Board has remanded the veteran's claims for an evaluation in excess of 40 percent for lumbar and thoracic spine disabilities from December 4, 1996. The RO must conduct further development as outlined in the decision.