Back / lumbar spine decisions — 2006

The Board granted a rating of 20 percent for the service-connected lumbosacral spine disability, effective from the date of the decision. A separate 10 percent rating was also granted for radiculopathy associated with the disability.

The veteran's low back disability is currently rated at 40 percent, which reflects severe limitation of motion. The RO found no evidence of incapacitating episodes, vertebral fracture, ankylosis, or compensably ratable neurological symptoms.

The Board has found clear and unmistakable error in the prior decision regarding service connection for a low back disorder, and thus it was reversed. The case is now remanded to the RO via the Appeals Management Center for additional development.

The Board has determined that the veteran's current nerve damage of the low back is not related to his service, specifically the spinal procedure and anesthesia performed in 1956. The preponderance of evidence supports this conclusion.

The Board denied service connection for a back disorder and an acquired psychiatric disorder, finding no new and material evidence to reopen the claims. The claim for PTSD was also denied as there is no competent medical evidence linking any current disability to service.

The Board has remanded the case due to deficiencies in the duty to assist and for further development of medical records.

The Board has granted service connection for a back disability but denied service connection for a left hip disability.

The veteran's cervical spine disability, characterized by pain and involvement of the left upper extremity, has been rated at 20 percent since September 23, 2002. The evidence does not support a higher rating based on incapacitating episodes or combined evaluations for chronic orthopedic and neurologic manifestations.

The Board found that the veteran's bilateral heel and back disabilities were not incurred in or aggravated by active service. The Board concluded that there was no current diagnosis of a back disability, and that any current symptoms are not related to his military service.

The Board has determined that the veteran's service-connected lumbar spine disability warrants a 100 percent evaluation due to multi-level degenerative changes, spondylolisthesis, ligamentum flavum hypertrophy and uncovertebral joint hypertrophy, autofusion and degenerative arthropathy extending from T12 all the way to the sacrum, muscle spasm, limitation of motion, ankylosis, pronounced appearance of stoop, spinal stenosis, instability, and functional impairment due to pain.

The Board has denied the veteran's claims for service connection of right knee disorder, left knee disorder, and low back disorder due to lack of evidence linking these conditions to his active duty. The veteran's current disorders are considered 'unknown' in terms of their origin.

The Board finds that the veteran's low back disability is service-connected and grants a compensable rating. The bilateral shoulder arthritis is not service-connected. The tonsillectomy residuals are rated at the maximum available under VA regulations.

The Board has determined that the veteran currently has a diagnosed low back disorder, and there is sufficient evidence to support service connection for this condition. The issue of entitlement to service connection for a left eye scar remains pending as it lacks current disability documentation.

The Board has remanded the case for a videoconference hearing and further development of the claims.

The Board found that the veteran's bronchial asthma did not warrant an evaluation in excess of 30 percent, and his lumbosacral strain was rated as 10 percent disabling. The appeal is denied.

The Board found that the veteran's DJD of the lumbar spine does not meet or approximate the criteria for a disability rating in excess of 20 percent.

The Board denied the veteran's claim for an increased evaluation for his service-connected low back pain with degenerative changes, finding that the current evaluations adequately reflect the severity of his related symptomatology.

The Board found no evidence that the veteran's current lumbar spine disability is causally related to his service or a service-connected shell fragment wound.

The veteran's claims for increased ratings and special monthly compensation were denied. The RO awarded a 40 percent rating for degenerative joint disease of the lumbar spine, separate ratings of 20 percent for varicose veins of each lower extremity, and denied entitlement to special monthly compensation based on need for aid and attendance or being housebound.

The Board has determined that the veteran did not sustain a back injury in an in-service motor vehicle accident, and therefore, service connection for a chronic back disorder is denied.