Back / lumbar spine decisions — 2006

The Board denied all claims except for an increased rating for PTSD and a retroactive effective date for service connection.

The Board denied the veteran's claim for a rating in excess of 10 percent for thoracolumbar strain, finding that the evidence did not support an increased rating under either the pre-amended or amended spinal and intervertebral disc syndrome regulations.

The veteran's claim for service connection for a back disorder, PTSD, tinnitus, and hearing loss was denied. The VA examiner found no current hearing loss disability as defined by VA regulation, thus denying the claim for bilateral hearing loss.

The Board denied the veteran's claims of service connection for low back disability, right inguinal hernia, mental disability (major depressive disorder), and right knee disability due to a lack of evidence linking these conditions to his military service.

The veteran's appeal for an increased disability rating for his service-connected low back disorder was denied. The effective date of the most recent increased ratings, which granted a 40 percent disability rating, is December 4, 2000.

The Board has remanded the case for additional development, including verification of service dates and an orthopedic examination to determine if any current back disability is related to service.

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

The Board found that the veteran's service record does not show a chronic low back disorder, and current clinical findings are more consistent with post-service occupational strain rather than an in-service injury.

The veteran's low back disability was rated at 20 percent from January 18, 2005. The Board denied the claim for an evaluation in excess of 20 percent on and after that date.

The Board has determined that the veteran's current back disorder is not related to service and denied his claim for service connection.

The veteran's claims for increased ratings and TDIU were denied, as his service-connected disabilities do not meet the criteria for higher ratings. The claim for automobile and adaptive equipment or adaptive equipment only was also denied.

The veteran's low back disability was rated at 20 percent prior to March 16, 2004. From that date forward, a higher rating is not warranted.

The Board denied the veteran's claim for an increased evaluation of his low back disability, finding that the evidence did not warrant a rating in excess of 10 percent prior to September 23, 2002 and found that a 20 percent evaluation was warranted beginning June 8, 2005.

The Board has denied the veteran's claims for service connection for a left knee disability and a back disability, finding no current disabilities attributable to service.

The veteran's service-connected disabilities do not meet the schedular requirements for a total rating based on individual unemployability, and there is no evidence of exceptional circumstances warranting extra-schedular consideration.

The veteran's claim for a higher rating for his service-connected degenerative joint and disc disease of the lumbar spine is being remanded to allow for additional development, including a VA orthopedic examination.

The RO has granted a 40 percent rating for service-connected myositis of the low back, effective April 17, 2002. The claim for an increased rating remains pending. Special monthly compensation and service connection for spinal stenosis are denied.

The Board has reopened the veteran's claim for service connection for a left shoulder disability and denied it. The veteran's claims of entitlement to increased ratings for his lower back disability, TDIU, and service connection for fibromyalgia are also addressed.

The veteran's claim for a higher rating for his service-connected degenerative disc disease of the lumbar spine is being remanded due to incomplete notification and insufficient evidence regarding functional loss.

The Board has determined that the veteran's low back disability warrants a rating of 40 percent, effective from the date of receipt of his current claim.