Back / lumbar spine decisions — 2007

The veteran's appeal is being remanded for a video conference hearing before a Veterans Law Judge. The issues include increased evaluation, service connection for sleep apnea and depression as secondary to service-connected disabilities, radiculopathy of the lower extremities, incontinence, and TDIU.

The Board has granted the veteran's claims for higher evaluations for his service-connected disabilities, assigning a 40 percent evaluation for status post laminectomy of the lumbar spine and a 20 percent evaluation for radiculopathy of the left lower extremity. The right hip disability remains at a 10 percent rating.

The veteran's disability ratings for his lumbar and cervical spine conditions were increased to reflect current symptomatology.,A 40 percent rating was granted for the veteran's compression fracture of the first lumbar vertebra with associated degenerative joint disease and disc disease, effective from August 2005.

The Board denied the veteran's claims for service connection for a back disability and dysthymic disorder as secondary to a service-connected disability, finding that her current conditions were not related to her active service.

The Board has remanded the case for additional development, including obtaining service medical records and scheduling a VA spine examination.

The veteran's service-connected degenerative disc disease of the lumbar spine is currently rated at 20 percent effective from August 17, 2006. He also has a separate compensable rating for nerve impairment due to his lumbar disc disease.

The Board denied service connection for a low back disability, finding that the current condition is not related to service and is unrelated to any injury or disease of service origin.

The Board has determined that the veteran does not have a current disability related to his active duty service for either a back disorder or a right lower leg disorder. The claims are therefore denied.

The Board denied the veteran's claims for service connection for type II diabetes mellitus, and denied his increased rating claims for traumatic arthritis of the lumbosacral spine, right shoulder, left knee, and bilateral hearing loss. The appeals were not about service connection at all.

The veteran's claim for an evaluation in excess of 10 percent for low back strain from July 13, 2000 to May 19, 2003 was denied as the symptoms did not meet the criteria for a higher rating under the applicable VA rating schedule. The claim for an evaluation in excess of 20 percent for low back strain from May 20, 2003 was also denied.

The veteran's claim for an initial rating in excess of 40 percent for the service-connected chronic lumbosacral strain was granted. However, her claim for service connection for bilateral pes planus was also granted.

The Board has granted service connection for low back strain, right shoulder disability, and inguinal hernia. The claims are based on direct evidence of in-service injury or disease.

The Board denied the veteran's claims for service connection for neck, low back, and right shoulder disorders. The VA found that there was no evidence of a nexus between these conditions and his active service.,For the 1151 claim related to left knee and back disorders, the Board also denied the claim as there is insufficient medical evidence showing that the veteran's current disabilities resulted from VA treatment.

The veteran's initial disability ratings for his neck, left shoulder, and low back disabilities have been denied. The highest rating available under the applicable VA regulations is 20 percent for each condition.

The Board denied the veteran's claims for service connection for a back disability and dysthymic disorder as secondary to a service-connected disability, finding no evidence of such conditions in service or any direct link between her military service and these disabilities.

The veteran's service-connected low back disability, characterized as myalgia, lumbar muscles, right with limitation of motion of the lumbar spine, mechanical lower back pain and arthritis, is currently rated at 40 percent. The Board finds that this rating is not higher than what is warranted based on the evidence.

The Board denied the veteran's claims for service connection for various conditions, including residuals of a right knee injury and secondary disabilities. The denial is based on lack of evidence showing in-service or post-service continuity of symptomatology.

The Board has remanded the case for additional development, including obtaining National Guard service medical records and personnel records from 1991 to 1994, as well as any private medical records from St. Thomas Hospital.

The Board has granted service connection for an acquired psychiatric disorder, including PTSD and dysthymic disorder. The gastro-intestinal disorder is presumed to be secondary to the service-connected PTSD. Service connection is also granted for diabetes mellitus II, lower back disability, and left knee disability.

The Board has determined that additional development is needed to determine the nature and etiology of any right knee disability and back disability, including whether they are related to service.