Back / lumbar spine decisions — 2006

The Board has granted a 20 percent rating for lumbosacral strain since January 31, 2005. Prior to that date, the veteran's disability was rated at 10 percent.

The Board denied service connection for the veteran's residuals of fracture of the first lumbar vertebra and L4-5 radiculopathy, as well as his PTSD. The evidence did not support a finding that these conditions were related to active service.

The Board denied the veteran's claims for service connection for hypertension, a low back disorder, and a skin disorder claimed as due to herbicide exposure. The Board found no evidence of pre-existing conditions or aggravation in service.

The Board has remanded the case for further development due to missing Social Security records and a need to issue a Statement of the Case on the compensable rating for hearing loss.

The Board has reopened the veteran's claim for service connection for low back disability due to new evidence. The claim of increased rating for post-traumatic headaches was granted and a 10% evaluation is assigned.

The Board found that the veteran's low back strain, which was rated at 40 percent prior to September 23, 2002, and is now rated as 40 percent under the revised criteria effective September 23, 2002, does not meet or approximate the criteria for a higher rating.

The Board has determined that there is no current diagnosis of a sinus disability and the veteran's service-connected ear disabilities are not related to his claimed sinus problems. The claims for back disability and tingling in arms and hands remain pending as they lack sufficient competent medical evidence.

The Board found that the veteran's low back condition is not related to his service and denied his claim for service connection.

The veteran's appeal for an earlier effective date for the grant of TDIU rating prior to April 27, 1992 is dismissed as this date has now been assigned by the RO. The issue of an initial evaluation in excess of 60 percent for his service-connected lumbosacral spine disorder remains on appeal.

The Board has remanded the case for further development, including a new VA examination and consideration of all relevant evidence in the claims file.

The Board denied service connection for a low back disorder and gastroesophageal reflux and duodenitis, finding no evidence of onset during active duty or ACDUTRA. Service connection was granted for anxiety disorder with an initial evaluation of 10 percent.

The Board denied service connection for memory loss, an acquired psychiatric disorder to include PTSD, dysthymia, and anxiety disorder, a low back disorder, and a sleep disorder. The veteran's claims were not supported by competent medical evidence linking these conditions to his active service.

The Board has granted service connection for the veteran's daily headaches, finding that they are in part secondary to medications he takes for his service-connected myofascial pain syndrome of the lumbosacral spine.

The Board denied the veteran's claims for increased ratings for her lumbosacral strain and right foot disability, finding that the evidence did not meet the criteria for a compensable or higher rating during the periods in question.

The case is being remanded for further development, including adjudicating service connection claims and scheduling a VA examination to determine if the veteran's disabilities render him unemployable.

The veteran's appeal is being remanded for further development, including a VA examination to assess the current severity of his service-connected lumbar spine disability. The case will be returned to the Board for readjudication.

The VA determined that the veteran's service-connected degenerative disc disease at L5-S1 and facet arthropathy at L4-L5 does not warrant a rating higher than 20 percent, as his disability picture is not shown to be more severe than moderate intervertebral disc syndrome or functional loss.

The Board found no evidence of a current disability related to service for the veteran's bilateral shoulder, left knee, and low back disorders. The claims were denied.

The Board has remanded the case for a VA examination to determine if any currently diagnosed low back disability began during service or is linked to some incident of service, including a lifting injury. The veteran's claim will be reconsidered based on the new evidence and findings.

The veteran's service-connected degenerative disk disease of the lumbar spine is currently rated at 20 percent since the effective date for the grant of service connection, and a separate 10 percent rating has been assigned for radiating pain and numbness in the lower extremities.