Back / lumbar spine decisions — 2006

The Board found that the veteran's current spine disabilities did not manifest during his period of active service and are not related to any incident therein. The claim for service connection was denied.

The Board denied service connection for osteoarthritis of the lumbar vertebrae as there was no evidence showing a nexus between the current condition and service, including an in-service injury.

The Board finds that the evidence is at least evenly balanced as to whether the veteran's lumbosacral disc disease with spinal stenosis was incurred in service, and grants service connection for this condition.

The veteran's appeals for increased ratings for lumbosacral strain and cervical strain are being remanded. The initial rating for pseudofolliculitis barbae is denied, as the disability does not meet the criteria for a higher rating under current diagnostic codes. The initial rating for left ankle sprain is also denied.

The Board denied all service connection claims, finding that none of the claimed conditions were incurred in or aggravated by active service.

The VA determined that the veteran's service-connected degenerative disc disease of the lumbar spine does not warrant a rating in excess of 20 percent, as his symptoms do not meet the criteria for more severe disability under the applicable diagnostic codes.

The Board has remanded the case for additional development due to missing SSA records.

The Board has granted a rating of 20 percent for the veteran's low back disability, effective from August 2002. The evidence does not support a higher rating based on ankylosis or intervertebral disc syndrome.

The Board has granted reopening of the claim for service connection for low back injury residuals and remanded it for further development. The hypertension claim remains denied.

The Board has determined that the veteran's current lumbar spine condition is related to an in-service accident, and thus service connection for this condition is granted.

The Board denied the veteran's claims for increased evaluations of his service-connected lumbosacral strain and cervical strain, as well as his claim for service connection for chest pain. The veteran was not granted any new ratings or benefits.

The veteran's initial claim for a higher rating was granted, with an evaluation of 10 percent from February 23, 2001 to August 23, 2003. From August 24, 2003 onwards, the veteran is rated at 20 percent for her degenerative disc disease with mechanical low back pain.

The Board found no medical evidence linking the veteran's current low back disability to his military service, and thus denied his claim for service connection.

The veteran's traumatic arthritis of the 12th thoracic and 1st lumbar vertebrae secondary to compression fracture at L1 is rated as 50 percent effective February 4, 2005.,The veteran's DJD of the cervical spine is rated as 20 percent effective February 4, 2005. The right shoulder disability is rated as 30 percent prior to February 4, 2005 and 20 percent from August 30, 2002.

The Board dismissed the appeal regarding entitlement to an evaluation in excess of 10 percent for status post repair of ruptured Achilles tendon, right. The back condition claim was denied as not proximately due to or the result of the service-connected right Achilles tendon rupture disability.

The Board found that new and material evidence had not been submitted to reopen any of the veteran's claims for service connection due to exposure to ionizing radiation. The claims were denied as there was no showing of related in-service injury or disease, and none of the conditions are considered radiogenic diseases.

The veteran's low back strain is currently evaluated as 10 percent disabling, but the evidence does not meet the criteria for a higher evaluation prior to July 7, 2005.

The Board has determined that the veteran's service-connected lumbosacral strain and right ankle injury are currently rated at 20 percent, which is the maximum schedular rating available under VA regulations. The appeal for increased evaluations is denied.

The Board denied the veteran's claim for an increased rating for his service-connected lumbar spine disability, finding that the evidence did not show unfavorable ankylosis or additional functional loss due to pain, neurological complaints, or periods of incapacitation resulting in prescribed bedrest. The current 40 percent disability rating was maintained.

The veteran's service-connected disabilities, specifically post-operative residuals of lumbar spine herniated nucleus pulposus and depressive disorder NOS, preclude him from engaging in substantially gainful employment. The veteran is also entitled to a temporary total evaluation beyond December 31, 2002 for his service-connected lumbar disability.