Back / lumbar spine decisions — 2006

The Board found that the veteran's back disorder did not have a relationship to his service from August 1970 to August 1972 and denied his claim for service connection.

The veteran's claims for a compensable rating for his service-connected compression fracture of the L-1 vertebra, service connection for type II diabetes mellitus, and service connection for hypertension are being remanded due to the need for additional development.

The Board found that the submitted evidence does not relate to an unestablished fact necessary to substantiate the claim, which is continuity of back pain noted in service and first documented after service. The claim was denied as new and material evidence has not been presented.

The Board has determined that the veteran's low back and neck disabilities were not incurred in or aggravated by service, and thus denied his claims for service connection.

The veteran's skin, low back, right shoulder, and left shoulder disabilities were not shown to be related to his military service. The Board denied the claims for these conditions.

The Board denied the veteran's claims for service connection for bipolar disorder and right ankle disability, as well as her claim for a higher evaluation for mechanical low back pain. The veteran's back pain was evaluated at 10 percent under old criteria but not more favorable under new criteria. Her mental health conditions were not shown to be related to military service.

The veteran's claim for vocational rehabilitation and employment services was denied because he does not meet the criteria for an employment handicap due to his service-connected disabilities.

The Board denied the veteran's claims of service connection for PTSD, Hepatitis C, and a back disability due to lack of credible supporting evidence for the occurrence of claimed in-service stressors.

The Board found that the veteran's kyphosis existed prior to his entry into active service and was not aggravated by military service. The evidence did not show a current disability related to his back disorder, thus denying the claim for service connection.

The Board has denied the veteran's claim to reopen his previously denied service connection for a low back disability, finding that new and material evidence does not raise a reasonable possibility of substantiating the claim.

The veteran's service-connected conditions, including dysthymic disorder with generalized anxiety disorder and traumatic arthritis of the lumbosacral spine, did not render him unemployable prior to March 24, 2005. His psychiatric condition was considered moderate in nature, and his low back disability caused only slight limitation of motion.

The Board found no competent medical evidence linking the veteran's current low back disability to his military service or any applicable presumptive period thereafter, and thus denied the claim for service connection.

The Board denied the veteran's claims for higher initial ratings for various service-connected conditions, finding that none of the conditions met the criteria for a higher rating under applicable VA regulations.

The Board has remanded the case for further development and readjudication due to new evidence submitted by the veteran.

The Board has determined that the reduction of the disability rating from 40 to 20 percent for low back strain with degenerative disc disease was proper. The veteran is currently entitled to a 40 percent disability rating for this condition.

The Board has ordered a remand due to the need for additional VA examination regarding the veteran's lumbar spine disability, which may affect his claim of service connection.

The Board denied an increased rating for lumbosacral strain, finding that the veteran's disability does not meet criteria for a higher rating based on unfavorable ankylosis of the thoracolumbar spine. The maximum 40 percent rating is appropriate given the current evidence.

The Board has ordered the RO to obtain additional development, including obtaining SSA disability decision and medical records, and requesting a VA examination. The case will be remanded for further action.

From August 17, 1999, through November 29, 2004, the veteran's lumbosacral strain with degenerative disc disease resulted in severe strain with positive Goldthwait's sign and osteoarthritic changes. On and after November 30, 2004, the MRI showed pronounced intervertebral disc syndrome with actual impingement on the right dorsal ganglion, resulting in sciatic neuropathy.

The veteran's lumbar spine disability is rated at the maximum allowable under the current rating criteria, and no higher. The appeal for an increased rating or extraschedular consideration has been denied.