Back / lumbar spine decisions — 2006

The veteran's claim for increased evaluation and individual unemployability is being remanded due to the need for additional development, including obtaining recent VA treatment records.

The veteran's degenerative disc disease of the lumbosacral spine at L4-5 is currently rated as 20 percent disabling, and there is no evidence to support a higher rating under either the old or new criteria for intervertebral disc syndrome.

The Board has determined that the veteran's current degenerative joint disease of the lumbar spine and right hip is not due to or the result of his service-connected traumatic arthritis of the right knee.

The Board granted service connection for knee arthritis, cervical spine arthritis, and low back arthritis at L4-S1. Service connection was denied for left ankle arthritis.

The Board has determined that the veteran's low back disorder was not incurred in or aggravated by active service, nor proximately due to, the result of, or aggravated by his service-connected disabilities.

The veteran's claims for increased ratings and an earlier effective date were denied. The Board found no evidence of any service connection or increase in disability related to the claimed conditions.

The veteran's appeal is being remanded to the RO for further development and consideration of his claims, including scheduling a hearing and obtaining additional evidence from SSA.

The Board has determined that the veteran's joint and muscle pain affecting the back and neck, as well as his degenerative disc disease of the cervical spine, are not service-connected due to lack of evidence showing a direct link to active duty.

The VA determined that the veteran's service-connected limitation of lumbar motion due to disc disease does not meet the criteria for a higher rating, as it did not manifest severe intervertebral disc syndrome with recurring attacks and intermittent relief.

The Board has determined that the veteran's psychiatric disorder was not incurred in or aggravated by service, and is not secondary to his service-connected right knee disability. The chronic low back disability and shortened right lower extremity are also denied as they are not shown to be related to service.

The Board has determined that the veteran's claims for higher ratings for his knee disabilities and sinusitis are mixed, with some issues granted and others not. The low back disorder is found to be secondary to service-connected right and left knee disabilities.

The veteran's claim for service connection for PTSD and an increased rating for lumbosacral strain is being remanded due to the need for additional development, including obtaining service personnel records and verifying stressors. The veteran's low back disability will also be examined by a VA orthopedic examiner.

The Board found that the veteran's service-connected conditions did not warrant an evaluation in excess of 10 percent, and thus denied his claims for higher evaluations.

The Board has granted service connection for spondylolisthesis, L5 on S1. The veteran's additional low back disabilities (degenerative disc disease, degenerative joint disease and multiple surgeries of the lumbar spine) are being remanded to determine if they are linked to service.

The Board has reopened the claim for service connection for a back disorder due to new and material evidence submitted since the last final decision. The Board also found that any preexisting back disorder was aggravated by active service.

The veteran's claims for increased ratings for cervical and thoracic spine disabilities, as well as a right shoulder disability, were denied. The VA found that the evidence did not meet the criteria for higher ratings under the applicable rating schedules.

The Board has remanded the case to the RO for additional development, including obtaining updated treatment records and possibly further VA examination. The veteran's claims for increased disability ratings for his lumbar and thoracic spine disabilities are pending.

The Board granted a 20 percent evaluation for incapacitating episodes and a separate 10 percent evaluation for vertebral body deformity, resulting in a total rating of 30 percent for the veteran's thoracic spine disability.

The Board denied an earlier effective date for the grant of a total disability rating based on individual unemployability due to service-connected disability, finding that the veteran's claim was not warranted before June 30, 1986.

The Board has increased the veteran's rating for his service-connected lumbar disc disease from noncompensable to 40 percent, effective May 1998. The claim for TDIU remains pending.