Back / lumbar spine decisions — 2006

The Board has determined that the effective date for service connection of a lumbar spine sprain should not be prior to July 16, 2003.

The veteran's mechanical low back/muscle strain is currently rated at 10 percent, but does not meet the criteria for a higher evaluation due to her full range of motion with pain and no muscle spasm or abnormal gait.,The veteran's service-connected urticaria has been rated as noncompensable since November 16, 2003. The evidence does not support a compensable rating based on recurrent episodes of urticaria.

The Board has granted an extension of the temporary total rating based on the need for convalescence due to the veteran's right knee surgery, which necessitated a period beyond October 31, 1997.

The Board denied the veteran's claims for service connection for kidney disorder, benign prostatic hypertrophy, TMJ pain, left hip disability, and low back disability due to a lack of medical evidence showing current disabilities related to these conditions.

The Board denied the claims for evaluations of laceration of the right radial sensory nerve and degenerative disc disease of the lumbar spine, as well as service connection for bilateral hip pain, spasms in the lower extremities and gluteus, a right shoulder disorder, and a left wrist disorder. The appeals were based on direct evidence rather than presumptions or new evidence.

The Board's September 15, 1989 decision denying service connection for a low back disorder is revised due to clear and unmistakable error in failing to apply the correct regulatory provisions.

The veteran's appeal has been dismissed as he withdrew his appeal before the Board could make a decision.

The veteran's low back strain and bilateral foot calluses have been increased to 20 percent effective from April 23, 2001. However, no new rating is granted for the callosities of the feet.

The Board has granted a 30 percent rating for the veteran's lumbosacral strain beginning September 26, 2003.

The Board found that the veteran's low back and heart disorders were not incurred in or aggravated by active service, nor could they be presumed to have been so incurred. The claims for service connection were therefore denied.

The Board has denied the veteran's claims for service connection for various conditions, including lumbar spine disorder, cervical spine disorder, right wrist disorder, left knee disorder, left ankle disorder, headache disorder, and hearing loss. The decision is based on a lack of evidence linking these conditions to service.

The Board found that the veteran's current evaluations for his cervical spine and right ankle disabilities do not meet the criteria for a higher evaluation under the applicable rating criteria.

The Board found no evidence of a nexus between the veteran's current back disability and his service, thus denying service connection for a back disability.

The veteran's spine disability, characterized by degenerative disc disease and radiculopathy in the right lower extremity, has been rated at 40 percent. The Board has determined that a 60 percent rating is warranted based on severe limitation of motion.

The veteran's current low back disorder is caused or aggravated by his service-connected right ankle fracture. The claim for PTSD was denied, and a statement of the case must be issued.

The Board has remanded the case to the RO/AMC for further action, including de novo consideration of all evidence since the time of the August 2001 petition to reopen. The veteran and his representative will be given an opportunity to respond to the SSOC.

The Board has determined that the veteran's DJD of the left knee and lumbosacral spine are proximately due to his service-connected right knee disability, and thus grants service connection for these conditions.

The Board has remanded the case for additional development, including obtaining service medical records and a VA examination.

The Board has reopened the veteran's claim of service connection for lumbosacral strain due to new and material evidence submitted since the final decision in July 1998. The case is now remanded for further development, including a VA examination.

The Board has determined that the veteran's lumbosacral strain with degenerative disc disease warrants a 40 percent rating, reflecting more severe symptoms than previously considered.