Back / lumbar spine decisions — 2006

The VA denied an increased rating for the veteran's lumbar myositis and radiculopathy, currently rated at 40 percent.

The Board has remanded the case for further development, including obtaining additional medical records and conducting a search of service department records. The appellant's claims for cervical spondylosis, low back disability, and acquired psychiatric disorder will be reconsidered based on this new evidence.

The Board denied service connection for diabetes mellitus and found that the veteran's degenerative arthritis of lumbar spine warrants a 20 percent evaluation, effective from August 2002.

The Board denied the veteran's claim for an earlier effective date for service connection of thoracolumbar impairment with disc disease, finding that the earliest possible effective date is June 14, 2001.

The Board has determined that the veteran was not permanently and totally disabled before June 19, 2003, as evidenced by the medical records available prior to this date. Therefore, an earlier effective date for nonservice-connected pension benefits is denied.

The Board has remanded the case for further development to determine if service connection can be established for a low back disorder and bleeding ulcers. The veteran's statements regarding combat injuries in Vietnam are considered, but additional evidence is needed to establish whether these conditions were incurred or aggravated by military service.

The Board has determined that the veteran's current low back and right knee disabilities are not related to his active service, and thus denied these claims. The left knee disability is being remanded for further development.

The veteran's claim for a TDIU is being remanded due to the need for further development. His new claim of service connection for psychiatric disability, including clinical depression and bipolar affective disorder, must also be addressed by the RO.

The Board has determined that the veteran's bilateral pes planus, chronic acquired low back disorder, and hypertension are all service-connected as direct results of his active duty service. The claims for secondary service connection were not granted.

The Board denied the veteran's claims for service connection for a low back disability and forehead scars, finding no evidence of a nexus to his period of active service.

The Board has denied the veteran's claims for service connection for allergies, a back condition, right leg disorder, left leg disorder, and hemorrhoids. The evidence did not support these claims as they were not incurred during service.

The Board has granted a 20 percent rating for the service-connected residuals of a back injury with degenerative changes, effective from June 4, 2005.

The Board found no evidence of intervertebral disc syndrome or incapacitating episodes, and the veteran's disability is currently rated at 40 percent for his low back disorder. Therefore, an increased rating was denied.

For the period prior to January 2005, the veteran's degenerative disc disease of the lumbar spine was characterized by full range of motion with pain on flexion and mild intervertebral disc syndrome. For the period from January 2005 to June 2006, it has not been characterized by severe intervertebral disc disease with recurring attacks or severe limitation of motion of the lumbar spine.

The Board has denied the veteran's claims for service connection for sleep disturbance, low back disability, and right knee disability as secondary to his service-connected bilateral heel spur syndrome due to a lack of competent medical evidence linking these conditions to his service-connected condition.

The Board found that the veteran's current back disorder is not related to his service-connected right knee disorder and denied the claim for service connection.

The Board denied the veteran's claims for increased evaluation, service connection, and reopening of a claim for secondary service connection due to lack of evidence showing a direct relationship between his service-connected right ankle sprain and his claimed conditions.

The veteran's degenerative disc disease of the lumbosacral spine with low back syndrome has been rated at 20 percent since September 23, 2002.

The Board denied the veteran's claims for service connection for a low back disability and an increased evaluation for PTSD. The Board found no current evidence of a chronic low back disability, and concluded that the veteran did not meet the criteria for a higher rating under Diagnostic Code 9411 for his PTSD.

The Board found no evidence of in-service injury or disease that would support service connection for the veteran's claimed low back, neck, and sciatica disabilities. The claims were denied as there is insufficient medical evidence to establish a link between current disability and military service.