Back / lumbar spine decisions — 2006

The Board has reopened the veteran's claim of service connection for a low back disability due to new and material evidence submitted since the October 1986 rating denial. The additional evidence supports the veteran's claim that he currently suffers from a low back disability related to his inservice injury.

The veteran's dorsolumbar paravertebral myositis and disc herniation L5-S1 disability was granted a 60 percent evaluation effective October 2, 2000. His left knee disability was also granted an increased rating to 20 percent effective the same date.

The veteran's claims for increased ratings and service connection were denied. The initial rating of 10 percent for degenerative disc disease of the lumbar spine was granted prior to June 16, 1998, but not more than 40 percent from that date onwards. Service connection for a left knee condition and bilateral calf disability were also denied.

The VA denied the veteran's claim for an initial disability evaluation in excess of 10 percent for degenerative disc disease of the lumbar spine, as his condition was found to be manifested by characteristic pain on motion or mild limitation of motion.

The veteran's claims for service connection for various conditions have been denied. The Board found no evidence of in-service trauma or aggravation, and the preponderance of the evidence did not support a finding that any condition was aggravated by service.

The Board granted service connection for bilateral patellofemoral pain syndrome and increased the evaluation of the veteran's service-connected herniated nucleus pulposus of the lumbar spine to 40 percent.

The Board has denied the veteran's claims for service connection for cervical spine disorder, lumbar spine disorder, and right shoulder disorder. The evidence does not support a finding of service incurrence or continuity of symptomatology.

The Board has denied the veteran's claims for service connection for a right ankle disability and low back disability, finding that they are not related to his service-connected left knee disability. The effective date of any benefits is not established.

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

The Board denied the veteran's claims for service connection for a back disability and an increased rating for residuals of a crush injury to the left leg, finding that there was no evidence supporting these claims.

The Board has remanded the case due to missing service medical records and the need for a VA examination. The veteran's back disorder may be related to his military service, but further investigation is needed.

The Board has remanded the case to the RO for a Travel Board hearing and further development.

The veteran's service-connected low back disability is linked to his cervical and thoracic spine disabilities, warranting a grant of service connection on a secondary basis.

The veteran's Dysthymia is rated at 70 percent, and his low back disability is rated at 20 percent. The Board finds that neither condition warrants a higher rating based on the evidence of record.

The Board has determined that the veteran's degenerative disc disease (DDD)/degenerative joint disease (DJD) of the lumbar spine warrants a rating of 40 percent, effective from the date of the decision.

The Board found that the veteran's current low back disability was not incurred in or aggravated by her active service.

The Board found no evidence to support the veteran's claims of service connection for back and neck disabilities, or entitlement to increased ratings for his left ankle fracture and right shoulder disability. The preponderance of the evidence is against these claims.

The Board denied the veteran's claims for service connection for PTSD, substance abuse, low back condition, and right ankle condition. The claim of entitlement to an increased evaluation of the left knee condition was also denied as a matter of law.

The Board denied the veteran's claims for increased rating, service connection for right and left knee disorders, and reopening of his low back disorder claim. The fascial hernia of the left leg was not found to warrant a higher than 10% rating.

The veteran's service-connected dorsal lumbar back strain was rated at 20 percent prior to September 5, 2003 and increased to 40 percent on and after that date.