Back / lumbar spine decisions — 2006

The Board has determined that the veteran's hypertension, heart disease, bilateral hearing loss, tinnitus, low back disability (arthritis), left knee disability, residuals of a left hand injury with tremors, and degenerative arthritis of the left shoulder were not incurred in or aggravated by active service. The claims for increased ratings are also denied.

The Board has determined that a 40 percent rating is warranted for the veteran's lumbosacral strain with degenerative changes, as it consists of orthopedic pathology causing severe limitation of motion and more closely resembling a severe lumbosacral strain.

The Board has determined that the veteran's service-connected cervical spine disorder warrants a 20 percent rating prior to November 13, 2002 and a 40 percent rating thereafter. The lumbosacral strain with degenerative joint disease is rated at 40 percent since November 13, 2002.

The veteran's service-connected pelvic tilt and low back and hip pain with degenerative changes of the lumbar spine, as well as residuals of a fracture of the right tibia and fibula, and residuals of a sprained right ankle, were all granted increased ratings. The effective date for these increases is September 26, 2003.

The Board found that the veteran did not submit new and material evidence to reopen his claim for service connection for a back disability. The claim for an increased rating for postoperative residuals of right inguinal hernia was also denied.

The Board has determined that the veteran's current symptoms are attributable to a post-service motor vehicle accident, and not his service-connected lumbosacral muscle strain. Therefore, an increased rating for this condition is denied.

The Board finds that the veteran's current back disorder is not related to his active service and denies the claim.

The Board has determined that the veteran's low back disability warrants a 40 percent evaluation for its orthopedic component and separate 20 percent evaluations for each leg due to peripheral neuropathy.

The Board has denied the veteran's claims for increased ratings for his low back disability, bipolar disorder, plantar fasciitis of the left foot, and macular hole in the right eye. The TDIU and nonservice-connected pension claims have also been denied.

The Board has remanded the case for additional development, including obtaining medical records and scheduling an examination to determine if the veteran's current back disability is related to his active duty or active duty for training.

The Board has granted a higher initial rating of 40 percent for the veteran's service-connected degenerative joint disease of the lumbar spine, effective from August 15, 2001.

The Board has reopened the veteran's claim for service connection for a back disability, to include ankylosing spondylitis. However, the RO denied the claim on the merits due to lack of new and material evidence.

The Board has determined that the veteran's low back disability warrants a higher evaluation than the current 40 percent, as his symptoms include severe limitation of motion and sciatica. The RO will continue to assign him a 40 percent rating for this condition.

The Board has determined that new and material evidence has been presented to reopen the veteran's claim for service connection for a back disorder, which was previously denied in March 1997. The additional medical opinion from Dr. Fox suggests a possible link between the veteran's current back problems and an injury during service.

The case is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the veteran's service-connected low back disability. The RO will also review the evidence to determine if an increased rating or TDIU is warranted.

The Board found that the veteran does not have a lower back and bilateral leg condition related to his military service.

The Board has granted a rating of 20 percent for the service-connected cervical spine disability since September 26, 2003. The lumbar and cervical spine disabilities are rated based on their functional impairment without separate ratings for associated neurologic manifestations. The left knee and right patellofemoral syndrome have not been assigned initial ratings.

The Board denied the veteran's claims for service connection for bilateral knee and foot disorders, as well as a rating in excess of 10 percent for her lumbar strain with degenerative disc disease. The appeals were based on direct evidence rather than presumptive exposure or new and material evidence.

The Board has granted an increased disability rating of 20 percent for the veteran's service-connected degenerative disc disease and spondylosis with L5 radiculopathy, lumbosacral spine, effective as of April 26, 2005.

The Board has determined that the veteran's current lumbar spine disability is not related to his military service, and thus denied his claim for service connection.