Back / lumbar spine decisions — 2006

The veteran's claim for service connection for arthritis of the lumbar spine was reopened and granted. He is also awarded a rating of 40 percent for his residuals, status post herniated nucleus pulposus, L5-S1, effective as of June 5, 2001. The other claims were denied.

The veteran's disabilities do not meet the criteria for a permanent and total disability rating for VA pension purposes, as they are not severe enough to prevent him from maintaining substantially gainful employment.

The Board denied the veteran's claim for a disability rating greater than 40 percent for his lumbosacral strain with degenerative joint and disc disease with limitation of motion.

The Board found no evidence of a chronic back disability or tinnitus in service, and the preponderance of the evidence is against the veteran's claims for these conditions.

The Board has determined that the veteran's claimed low back injury and arthritis are not service-connected, as there is no evidence of a chronic disability during or within one year after service.

The Board has granted service connection for the veteran's cervical and thoracic spine disability, lumbosacral spine disability, and right shoulder disability. The RO increased the ratings to 20 percent each since September 26, 2003, combining the thoracic and lumbar spine disabilities as one condition rated at 20 percent.

The veteran's appeal is remanded due to the need for additional medical records and an orthopedic/neurological examination to determine the nature and extent of his service-connected lumbar spine disability. The case will be readjudicated based on both former and current schedular criteria.

The veteran's low back disability was granted an increased evaluation to 40 percent, effective from November 29, 2001. Service connection for a bilateral foot disorder and an upper gastrointestinal disorder were denied.

The veteran's claim is being remanded for additional development, including obtaining medical records and providing proper notice.

The Board denied the veteran's claims for higher ratings for his service-connected adjustment disorder with depressed mood and discogenic disease of the lumbar spine, finding that the evidence did not meet the criteria for a rating higher than 30 percent for the psychiatric condition.

The Board has decided to remand the case for further development, including a VA examination and opinion regarding the nature and etiology of any current back disorder.

The Board denied the veteran's claims for service connection for various conditions, finding that there was no competent medical evidence linking these conditions to his active service.

The veteran's claims for service connection are being remanded due to the need for additional medical examinations and records review.

The veteran's migraine headaches are currently rated at 30 percent, which is the maximum schedular rating available for this condition. His low back strain is currently rated at 20 percent, reflecting moderate limitation of motion.

The veteran's claim for service connection for GERD has been granted. The claims of entitlement to increased evaluations for left lower extremity stress syndrome and duodenal ulcer, as well as the issue of service connection for a disorder of the right lower extremity (claimed as vascular insufficiency and edema), have also been addressed.

The Board has granted service connection for residuals of a head injury and assigned a 20% disability rating, effective from the date of the decision.

The Board denied the veteran's claims for increased ratings for residuals of a fracture of the L-2 vertebra and degenerative arthritis of the lumbosacral spine, finding that the evidence did not warrant higher ratings under any applicable diagnostic codes.

The Board denied the veteran's claims for increased ratings for his low back and neck disabilities, finding that the evidence did not meet the criteria for higher disability ratings under the applicable VA rating schedule.

The Board has remanded the case for additional development, including obtaining a VA examination and providing proper VCAA notice.

The veteran's degenerative joint disease of the lumbosacral spine was manifested to a compensable degree within one year following his discharge from active service, and thus meets the criteria for service connection.