Back / lumbar spine decisions — 2006

The Board found no evidence linking the veteran's current low back, right knee, left knee, or psychiatric disabilities to his active service. The claims for these conditions were therefore denied.

The veteran's claim for higher ratings for his lumbar spine disability and radiculopathy of the lower extremities has been denied. The highest rating assigned is 40 percent for limitation of motion of the lumbar spine, effective September 23, 2002.

The Board denied the veteran's claims for an initial rating in excess of 20 percent for residuals of a lumbar strain and service connection for a urinary condition, finding that her lumbar spine disability did not meet the criteria for a higher rating under either the old or new VA rating criteria. Her recurrent urinary tract infections were also found to be unrelated to her active duty service.

The veteran's service-connected lumbar strain has been rated at 40 percent since May 2002, which meets the criteria for a 40 percent rating under Diagnostic Code 5237 effective September 26, 2003. The current range of motion does not meet or exceed the requirements for higher ratings.

The Board denied service connection for right foot disability, PTSD, pancreatitis, and back disability. The veteran's claims were not supported by evidence of a current disability related to service.

The Board has determined that the veteran does not have a chronic right ankle disorder, bilateral knee disorders, or low back disorders separate and distinct from his already service-connected disabilities. The veteran's current conditions are not causally related to active duty nor do they develop secondary to his service-connected compound fracture of the right tibia and fibula with leg shortening.

The Board found no residual disability of a left thigh injury and denied the veteran's claim for service connection. The issue of an initial rating in excess of 20 percent for lumbar strain is addressed in the REMAND portion.

The Board found that the veteran's current left hip and low back disabilities were not incurred or aggravated during service, and denied his claim for service connection.

The Board denied the veteran's claims for service connection of low back disorder, neurological disorder (right-sided weakness), and joint disorder (pain) as secondary to his service-connected left foot disability. The increased rating claim was also denied.

The Board denied the veteran's claim for an initial rating in excess of 20 percent for his service-connected degenerative disc disease (DDD) of the lumbosacral spine with limitation of motion, finding that the disability did not meet or approximate criteria for a higher rating based on the evidence of record.

The Board denied service connection for a cardiac disorder, bilateral knee disorder including arthritis, neck disorder (claimed as degenerative disc disease of the cervical spine, C5-C6), bilateral shoulder disorder, and upper back disorder.

The Board has determined that the veteran's current cervical spine disability was not incurred in or aggravated by service, and therefore denied his claim for service connection.

The Board found no evidence of a chronic low back disability in service and denied the veteran's claim for service connection.

The Board found that the veteran's low back disorder was not incurred in or aggravated by service and denied his claim.

The Board has granted service connection for chronic L5-S1 spondylolysis with spondylolisthesis, finding that the veteran's pre-existing condition was aggravated by inservice trauma and is therefore considered incurred in service.

The Board has reopened the claim for service connection for residuals of a compression fracture of the lumbar spine, with degenerative changes. The other claims remain denied as new and material evidence was not provided to support these claims.

The Board has granted service connection for a lumbar spine disorder and chronic vasomotor rhinitis, finding that the evidence is in relative equipoise as to whether these conditions were incurred during active military service.

The Board has remanded the case due to incomplete medical records and the need for further examinations to determine the nature, extent, and etiology of any current disabilities.

The Board has granted the veteran's claim for service connection and assigned an initial 20 percent rating for his low back disability with L3-4 disc herniation, effective from September 1, 2002.

The Board has determined that the veteran's low back disorder is service-connected, but his right knee disorder is not. The low back disorder was incurred during service and there is no evidence of arthritis within one year post-service.