Back / lumbar spine decisions — 2006

The Board finds that the current postoperative lumbar degenerative disc disease and degenerative joint disease are not related to service or a service-connected disability, and thus denies the claim.

The Board denied the veteran's increased rating claims for scoliosis of the lumbosacral spine and scoliosis of the thoracic spine, finding that the evidence did not meet the criteria for a higher rating under applicable VA regulations.

The Board denied the veteran's claims for increased evaluations of his low back strain and right shoulder conditions, finding that the current evidence did not support a higher rating based on the severity of his symptoms. The claim for service connection for bilateral hearing loss was reopened but still denied due to lack of evidence linking the condition to military service.

The veteran seeks service connection for cervical spine disability and an earlier effective date for a rating increase. The Board has remanded the case for further development, including obtaining medical opinions and records.

The Board has determined that the veteran's claim for service connection for a low back disability must be remanded to obtain additional medical evidence and to conduct further development.

The Board granted the veteran's motion to advance his case on the Board's docket and found that he is entitled to a rating of 40 percent for orthopedic manifestations of his lumbar spine DDD with arthritis, effective from February 1, 2003. The right hip disorder was not service-connected or secondary to the lumbar spine disorder. The claim for reopening the left shoulder disorder was denied due to lack of material evidence.

The Board found that the appellant's preexisting low back disorder did not permanently worsen during active duty for training, and thus denied service connection.

The Board has denied the veteran's claims for service connection for a low back disorder and gastroesophageal reflux disease (GERD), as well as his requests for increased evaluations and earlier effective dates. The appeals were not granted due to lack of evidence associating these conditions with military service.

The Board denied the veteran's claim for service connection for lumbosacral strain (claimed as a back injury) due to lack of medical evidence linking the current disability to his period of active military service.

The veteran's spine disability has been rated at 20 percent since September 23, 2001. Separate initial ratings of 10 percent have been assigned for radiculopathy in the right and left lower extremities effective from September 23, 2001.

The Board found no direct service connection for the veteran's lumbar spine disorder, but denied secondary service connection based on a lack of evidence linking the current condition to his right knee disability.

The VA has determined that the veteran's service-connected lumbosacral strain warrants a 10 percent evaluation, effective from April 1986. However, this rating is for his service-connected condition only and does not include any non-service connected herniated nucleus pulposus.

The Board denied the veteran's claim for an increased evaluation for his service-connected low back injury, finding that the disability did not warrant a rating in excess of 20 percent under the applicable VA rating criteria.

The veteran's service-connected degenerative disc/joint disease of the lumbar spine, Hepatitis C, and gastroesophageal reflux disease (GERD) were all granted. The initial evaluations for these conditions are as follows: Degenerative disc/joint disease of the lumbar spine rated at 10 percent; Hepatitis C rated at 30 percent; GERD rated at 10 percent.

The Board found that the veteran's back injury in service was acute and transitory, and a continuing disability was not then present. The veteran is receiving the maximum schedular evaluation for residuals of dislocated nose with myalgias, myalgia, and allergic rhinitis.

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

The Board denied the veteran's claims for an increased rating, entitlement to a TDIU, and extension of a temporary total rating beyond August 31, 2000. The veteran's service-connected lumbar spine disability is currently rated at 60 percent.

The Board found that there is insufficient evidence to establish a link between the veteran's current lower back disorder and his military service, resulting in a denial of the claim.

The VA denied the veteran's claims for increased ratings for her service-connected lumbar sprain, finding that prior to May 9, 2005, she did not meet the criteria for a disability evaluation in excess of 10 percent. From May 9, 2005, she met the criteria for a 20 percent rating.

The veteran's appeal is being remanded for a new VA examination and consideration of the disability under both old and current rating criteria.