Back / lumbar spine decisions — 2006

The Board denied the veteran's claims for higher ratings for her lumbar and cervical spine disabilities, finding that the evidence did not support evaluations in excess of the current ratings.

The Board has granted a 40 percent evaluation for impairment of the right elbow associated with residuals of the right forearm scar, effective from June 2004. The veteran's claim for lumbar spine degenerative disc disease is also granted.

The veteran's service-connected cervical and lumbar spine conditions were granted increased ratings, while the psychiatric disability claim was also granted.

The Board has granted a 60 percent disability rating for the veteran's service-connected back disorder, effective as of September 23, 2002.

The Board has determined that the veteran's current low back disability is not etiologically related to his military service or his service-connected left knee disability, and thus denied the claim for service connection.

The Board has determined that the veteran's cervical and lumbosacral spine disability was not incurred or aggravated in his active duty service, nor may it be presumed due to a disease or injury incurred in service. The claim for direct service connection is denied.

The veteran's claims for increased evaluations and reopening of a service connection claim were denied due to failure to report for necessary VA examinations, and the May 1997 denial remains final.

The Board has determined that the veteran's degenerative disc disease of the cervical spine warrants a rating of 40 percent from January 19, 2005.

The Board has decided to remand the case due to the need for additional development, including providing copies of the statement of the case and supplemental statement of the case to the new representative.

The Board denied a higher rating for the veteran's service-connected residuals of lumbosacral fusion, finding that the evidence did not meet the criteria for a higher rating under either the old or new VA rating criteria.

The veteran's service-connected lumbar strain was initially rated at 10 percent prior to August 24, 2004 and increased to 10 percent from that date. The Board found the current rating of 10 percent is appropriate.

The veteran is seeking service connection for a thoracolumbar spine disability, which he claims is secondary to his service-connected coccygenia. The case has been remanded for further development and examination.

The Board has determined that the veteran's current chronic low back syndrome with degenerative changes is related to an in-service injury and has granted service connection for this condition.

The Board has determined that the veteran's low back disorder is not related to his military service and denied his claim.

The Board found that new and material evidence had not been received to reopen the claim of service connection for a low back disability, as the evidence submitted was cumulative or redundant of previous evidence.

The Board found that the veteran's current low back disorder was not present until many years after service and is not related to any incident during service. Therefore, the claim for service connection for a low back disorder was denied.

The Board denied service connection for asbestosis and granted a higher rating of 40 percent for degenerative disc disease of the lumbar spine, effective from July 9, 2004.

The veteran's cervical spondylosis with degenerative disc disease, with radiculopathy is granted service connection. The anxiety and depression, forgetfulness, fatigue, and sleep disturbance are denied as not related to undiagnosed illness.

The Board denied increased ratings for the veteran's right shoulder disorder, lumbar strain with disc disease and arthritis, and left femoral nerve stretch injury. The claim for rhinitis with sinusitis was not addressed as it had already been granted a noncompensable rating.

The Board has determined that the veteran's claims for service connection for a low back disability, multiple joint pain (including bilateral hip disorder), and depression have been denied as there is no probative evidence linking these conditions to his military service.