Back / lumbar spine decisions — 2006

The Board finds that the veteran has a current low back disability that began during service and grants service connection for this condition.

The veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and providing the veteran with an orthopedic examination.

The Board denied service connection for a lumbosacral spine disability, finding that the veteran's current condition was not incurred in or aggravated by active service and is not proximately due to, the result of, or aggravated by any disease or injury incurred in or aggravated by service.

The Board has remanded the case to allow a personal hearing and further development before deciding whether new evidence supports reopening the claim for service connection of low back strain.

The Board is remanding the case for additional development, including obtaining all service personnel and medical records, as well as VA audiology records. A VA orthopedic examination will be provided to determine the etiology of any thoracolumbar and cervical spine disabilities, and a VA audiologist will provide an opinion on the etiology of any hearing loss or tinnitus.

The VA has granted a 20 percent rating for the service-connected degenerative disc disease of the thoracolumbar spine, effective from March 1, 2004. The claim for an increased rating for arthritis of the right shoulder was denied.

The Board finds that the veteran does not have a low back disorder or right shoulder disorder related to service.,New and material evidence has not been presented to reopen the claim of entitlement to service connection for sinusitis.

The Board found that the veteran's back disability was not incurred in or aggravated by active service, including inactive duty training. The claim for service connection is denied.

The veteran's claim for an increased rating for his low back strain was denied due to failure to report for a VA examination. The Board also found that the veteran's current disc disease is not service-connected as it did not result from or be aggravated by his service-connected low back strain.

The Board found that the veteran's service-connected low back injury residuals do not warrant a disability rating higher than 40 percent, as they are productive of severe limitation of motion without ankylosis and no neurological deficit.

The Board has granted service connection for a low back disorder that is proximately due to or the result of a service-connected right foot disorder. The veteran's anxiety disorder with dysthymia remains at a 10 percent rating.

The veteran's back disability, characterized by constant pain and intermittent radiating pain, has been rated at 60 percent based on the severity of his symptoms and functional impairment.

The veteran's claims for increased ratings for his lumbar spine disorder and dementia were denied. The lumbar spine disorder was rated at 20 percent prior to September 23, 2002, and on and after that date. For dementia due to head trauma, a rating of 10 percent was granted effective June 21, 1999.

The VA has denied the veteran's claim for an initial rating in excess of 20 percent for her low back disability with L3-4 radiculopathy, as medical evidence does not show severe intervertebral disc syndrome or severe limitation of motion.

The VA denied an increased rating for chronic low back pain due to degenerative joint disease of the lumbar spine, currently rated at 40 percent. The claim was not reopened or reconsidered as a new evidence-based reopening.

The Board found that the veteran likely has degenerative joint disease of the thoracolumbar spine attributable to his military service, and denied service connection for arthritis of the cervical spine and headaches.

The Board found that there is no competent medical evidence showing that the veteran's chronic low back strain had its onset in service or was otherwise caused or aggravated by his active service. As such, the claim for service connection for a low back disability was denied.

The VA granted an effective date of September 3, 2002 for a 10 percent rating for the veteran's low back disorder.

The Board has reopened the claim of entitlement to service connection for PTSD and finds that new and material evidence has been submitted. The knee disorder claim is remanded due to lack of relevant medical records.

The veteran's claims for increased evaluations for hemorrhoids, cervical spine discogenic disease, and lumbar spine discogenic disease were denied as the conditions did not meet the criteria for a higher evaluation under the applicable rating schedule.