Back / lumbar spine decisions — 2006

The veteran's left below the knee amputation with chronic reflex sympathetic dystrophy is rated at the highest schedular evaluation allowed, and his service-connected disabilities prevent him from securing or following any substantially gainful employment. The shell fragment wound to the left shoulder does not meet a compensable rating criteria.

The Board found that the veteran's degenerative disc disease of L5-S1 and herpes zoster (shingles) do not warrant increased ratings as there is no objective evidence showing significant impairment or functional loss.

The VA determined that the veteran's degenerative disc disease and compression fracture at L3-4-5 do not warrant a higher rating than the current 10 percent.

The Board has determined that a 20 percent rating is warranted for the veteran's scoliosis of the thoracolumbar spine with lumbar strain, as this condition manifests with forward flexion to 40 degrees and no favorable ankylosis.

The Board has denied the veteran's claims for separate schedular 10 percent disability ratings for tinnitus in each ear. The issues of service connection for a back disorder, skin disorder, and generalized anxiety disorder are remanded to the RO.

The Board has remanded the case for additional development, including obtaining service medical records and VA examinations to determine if the veteran's low back disorder and bilateral eye disorders are related to military service.

The veteran's appeal has been withdrawn, and the case is dismissed.

The veteran's service connection claim for low back disability (lumbar degenerative disc disease and lumbar spondylosis) has been granted, with a rating of 30 percent. The other claims have not been decided.

The Board denied service connection for the veteran's pre-existing low back disability, finding that it did not undergo a permanent increase in severity during or as a result of his military service.

The Board has determined that the veteran's claimed conditions are related to his service, and granted service connection for most of the disabilities listed. The effective date is not specified.

The Board denied the veteran's claims for increased ratings for his degenerative disc disease of the lumbar spine and neuropathy of the right lower extremity, finding that the preponderance of evidence did not support a rating in excess of 20 percent prior to January 21, 2006, and in excess of 40 percent on and after that date.

The VA determined that the veteran's low back disability, currently rated at 20 percent, does not warrant a higher rating based on current symptoms and findings.

The Board denied the veteran's claim for a disability evaluation in excess of 20 percent for residuals of a fracture of the 6th cervical vertebra, finding that prior to September 23, 2002, the disability was not manifested by incapacitating episodes or persistent/chronic neurological manifestations. From September 23, 2002, the disability is not manifested by incapacitating episodes and there are no objective neurological manifestations supporting a higher evaluation.

The Board has remanded the case for a VA examination to determine if any current low back disability is related to the veteran's active service.

The Board has determined that the veteran's DDD, DJD, and chronic lumbosacral strain do not warrant a rating higher than 40 percent prior to December 30, 1998, or from December 30, 1998.

The Board found that the veteran's current low back disability did not have its onset during service and was not caused by or permanently worsened by his service-connected right knee injury. Therefore, service connection for a low back disability is denied.

The veteran's claims for service connection for a low back disability and an increased rating for his right wrist disability are being remanded due to the need for additional examinations and opinions.

The Board has remanded the case for further development, including obtaining medical records and providing additional opinions regarding service connection.

The Board has denied all claims for service connection and a higher initial rating for hypertension, as well as the denial of increased ratings for other conditions. The appellant did not meet the criteria for any of these claims.

The Board has determined that the veteran's cervical and lumbar spine disorders are related to his service, granting service connection for both conditions.