Back / lumbar spine decisions — 2006

The veteran's service-connected low back disorder and bilateral pes planus with bunions are not currently manifested by the required criteria for increased ratings, resulting in a denial of his claims.

The veteran's claims for increased PTSD and service connection for degenerative disc disease of the lumbar spine were denied. The Board found that the evidence did not meet the criteria for an initial evaluation in excess of 30 percent for PTSD, and there was insufficient evidence to establish service connection for degenerative disc disease.

The veteran's low back disability, characterized by lumbosacral strain and degenerative arthritis, is currently rated at 10 percent. The evidence does not meet the criteria for a higher rating.

The veteran's PTSD is rated at 50 percent, and his low back disability is granted service connection. The other claims are denied.

The veteran's low back disability is rated at 50 percent effective November 16, 2004. The rating was increased from a previous 40 percent rating.

The veteran's claim for increased ratings and service connection for right and left knee disabilities related to his low back disorder has been granted. He is currently rated at 50% for his low back disorder from March 22, 2005 to the present.

The veteran's pre-existing cervical spine disorder is being reviewed to determine if the April 2003 active duty for training incident aggravated his condition. The VA will obtain all relevant medical records and provide a VA orthopedic examination to assess whether there was an increase in severity of the pre-service disability.

The Board has determined that additional development is needed to properly adjudicate the claim, including obtaining medical records and arranging for a VA examination.

The Board found no competent evidence linking the veteran's current low back disability to service, and thus denied his claim for service connection.

The Board denied the veteran's claims of service connection for bilateral plantar fasciitis and a lumbosacral disability, finding that there was no evidence to support direct service connection or secondary service connection due to his pre-existing foot condition. The Board also found clear and unmistakable evidence that the veteran's preexisting plantar fasciitis did not worsen during service.

The veteran's claims for service connection and increased ratings have been denied. The Board found no current left hip condition, and the lumbosacral spine disorder was not productive of complete bony fixation or incapacitating episodes as required for a higher rating.

The Board found that the veteran's upper and lower back disorders, including arthritis, were not incurred in or aggravated by military service. The evidence did not show an in-service injury or disease related to these conditions.

The Board has remanded the case for additional development and to issue a statement of the case (SOC) regarding an increased rating for diabetes mellitus with associated erectile dysfunction. The issues of service connection for psychiatric disability, low back disorder, and tinea versicolor are also being remanded.

The Board denied service connection for a low back disability, psychiatric disability (claimed as depression), migraine headaches, left hip disability, and left knee disability. The reasons were that the claimed conditions are not shown to be related to service.

The Board denied payment of attorney fees from past-due benefits based on the RO's grant of a TDIU due to lack of final decision and unreasonably raised claim.

The Board has granted service connection for traumatic arthritis of the lumbosacral spine and assigned a 10 percent rating, effective August 26, 2000.

The veteran's low back disability was rated at 40 percent from March 16, 1995 through October 14, 1997. His osteomyelitis of the lumbar spine was restored to a 20 percent rating.

The Board found no evidence of a chronic low back disorder during service or within one year after discharge, and the preponderance of the evidence does not support a finding that the current low back disorder is related to service.

The Board has determined that there is no current diagnosis of a disability of the knees, back, or right shoulder. Therefore, service connection for these conditions cannot be granted.

The veteran's dysthymia is rated at 30 percent, and he remains unable to secure or follow substantially gainful employment due to his service-connected disabilities.