Back / lumbar spine decisions — 2006

The Board finds that the veteran's current low back disorder is as likely as not caused by his service-connected left orchiectomy due to a scrotal injury in service, and grants service connection for this condition.

The veteran's appeal is being remanded due to the need for consideration of additional evidence provided by a VA medical examiner. The case will be reconsidered and an SSOC issued.

The Board found no evidence of a back or psychiatric disability during service and concluded that the current conditions are not related to active service.

The veteran's low back disability is currently rated at 40 percent, and her asthma has been increased to a 30 percent rating. The current ratings are considered appropriate given the severity of her symptoms.

The veteran's pseudofolliculitis barbae was incurred or aggravated in service, and the Board has granted service connection for this condition. The other issues are addressed in the REMAND portion of the decision.

The Board has determined that the veteran's lumbosacral strain, including myofascial pain syndrome, warrants a 20 percent rating under the applicable criteria.

The VA has determined that the veteran's low back strain with degenerative disc disease does not meet or approximate the criteria for a rating in excess of 20 percent.

The Board has granted secondary service connection for arthritis of the right ankle and a low back disorder, finding that these conditions are related to the veteran's service-connected right ankle injury. The initial evaluation is set at 20 percent.

The Board denied the veteran's claims for increased evaluations for his lumbar spine disability with degenerative disc disease, finding that the evidence did not support ratings in excess of 20 percent prior to August 4, 2004 and 40 percent as of that date.

The veteran's lumbosacral spine disorder and myositis are rated at 40 percent, the highest possible rating under the old criteria. The Board has granted this evaluation as it is not in excess of what was previously assigned. For TDIU, the veteran meets the criteria due to his service-connected disabilities resulting from common etiology or single accident.

The Board has granted a higher rating of 30 percent for the veteran's hypertensive heart disease, effective from the date of the decision.

The veteran's service-connected lumbar spine disability was rated at 40 percent from October 17, 1996 to March 3, 2003 and from July 1, 2003 to the present. The Board found that his symptoms warranted a higher evaluation due to pronounced intervertebral disc syndrome.

The veteran's cervical/trapezius strain, thoracic strain, and lumbosacral strain with disc disease have been rated as 10 percent disabling since April 22, 1994, and increased to 20 percent disabling from December 23, 2002. The appeal is granted.

The Board has determined that the veteran does not meet the statutory threshold for entitlement to service connection due to a lack of current disabilities. The claims are being remanded for further development and examination.

The Board has remanded the case for further development to determine the appropriate rating and service connection status of the veteran's low back disability.

The Board has determined that a chronic low back disability did not have its onset during the veteran's period of honorable active duty and denied service connection for this condition. The claim to reopen her previously denied PTSD claim was granted, but she failed to provide sufficient evidence to substantiate her claims.

The veteran's appeal is being remanded to obtain VA treatment records and for a VA examination to determine the extent of his service-connected back disability, including any arthritis or disc disease.

The Board has decided to remand the case for additional development, including obtaining private medical records from Dr. Donald Tarr.

The veteran's service-connected residuals of a compression fracture, L3 with degenerative disc disease are currently rated at 30 percent. The Board finds that the disability warrants an increased rating to 60 percent.

The Board denied service connection for lumbar scoliosis, finding that the veteran's condition was a congenital defect that existed prior to service and was not aggravated by service.