Back / lumbar spine decisions — 2006

The veteran's mechanical low back pain resulted in characteristic pain on motion, but no limitation of motion or muscle spasm. The depression with fatigue did not cause occupational and social impairment.,PTSD was withdrawn by the veteran.

The Board denied an initial evaluation in excess of 20 percent for the veteran's service-connected spine disability, finding that the criteria for a higher rating were not met at any point during the pendency of this appeal.

The Board denied the veteran's request for a higher rating for his low back disorder, maintaining the current 20 percent rating.

The Board found no evidence linking the veteran's current lumbosacral spine and cervical spine disabilities to his period of service, thus denying these claims.

The veteran's claims for increased ratings for his service-connected lumbar strain and cervical spine disabilities are being remanded to allow for further examination and consideration of the revised rating criteria.

The Board has determined that new and material evidence was not submitted to reopen the claim for service connection for a low back disability. The claim of secondary service connection for depression and adjustment disorder is also denied.

The Board denied the appellant's claims for service connection for a lumbar spine disorder and a psychiatric disorder (other than PTSD) due to lack of evidence linking these conditions to his active military service.

The veteran's appeal is being remanded for additional development, including VA examinations and the provision of a supplemental statement of the case.

The veteran's degenerative disc disease of the lumbar spine and associated sciatica have been rated at 20 percent since August 1, 2002, and increased to 40 percent effective December 22, 2005. The RO has granted all requested higher ratings.

The Board denied service connection for a low back disability in December 1984. The veteran's current application to reopen the claim was received, but new and material evidence has not been presented.

The Board has denied the veteran's claims of service connection for migraine headaches, chronic cervicodorsal sprain, and chronic lumbosacral sprain. The claim for an initial evaluation of service-connected bipolar disorder type II in excess of 10 percent is remanded.

The Board has denied the veteran's request for an effective date prior to January 18, 1994 for a total disability rating for compensation based upon individual unemployability (TDIU). The claim was not raised before this date and there is no evidence of service-connected disabilities that rendered the veteran unable to work within one year of this date.

The Board found that the veteran's low back disability was not incurred in or aggravated by active military service and denied his claim for service connection.

The Board has granted a 30 percent disability rating for the veteran's service-connected depressive disorder and assigned a 20 percent disability rating for his low back strain with degenerative disc disease, effective from December 6, 2005.

The Board has decided to remand the case for further examination and development due to incomplete records and potential service connection issues.

The Board has granted service connection for degenerative disc disease and spinal stenosis of the lumbosacral spine, which began during military service. The veteran's right finger fracture is rated at a compensable level.

The veteran's claim for an effective date prior to July 16, 1997 for service connection of a bilateral knee disorder was granted. The new evidence submitted included the Central Physical Evaluation Board (CPEB) findings from June 1985.

The Board has remanded the case for additional development, including a search for the veteran's service medical records and notification of alternate forms of evidence that may be submitted to support his claims.

The Board has determined that the veteran's low back disability is service-connected, with no specific effective date provided as it was found to be a direct service connection.

The veteran's claims for service connection and higher ratings were denied. The low back disorder was not found to be related to service or a service-connected condition, while the right ankle arthritis met criteria for a compensable rating prior to December 6, 2002.