Back / lumbar spine decisions — 2007

The Board has reopened the claim for service connection for right knee DJD and granted a 10% rating for residuals of left knee injury.

The veteran's lumbosacral strain syndrome with degenerative changes at T11 and T12 was found to not meet the criteria for a higher evaluation than 10 percent.

The veteran's claim for a higher disability evaluation for his spine condition was denied, as the evidence did not demonstrate pronounced disc disease or incapacitating episodes of disc disease. The TDIU claim was also denied due to the service-connected disabilities alone not preventing him from securing or following substantially gainful employment.

The VA denied an increased evaluation for the veteran's service-connected status post laminectomy and declined to reopen his previously denied claim for service connection for a right knee disability.

The Board has granted a 40 percent evaluation for the veteran's service-connected lumbar spine disorder, effective March 17, 2006. The appeal is now focused on whether an earlier effective date should be assigned.

The veteran's claims for higher initial ratings for cervical and lumbosacral spine disabilities were granted, with the effective date of March 26, 2002.

The Board denied an increased evaluation for the veteran's low back strain, but granted a 20 percent rating for his GERD. The decision is mixed as it addressed two separate issues.

The veteran's service-connected thoracic spine disability did not meet the criteria for a higher initial rating.,For his cervical spine disability, the veteran met the criteria for an initial 10 percent rating prior to January 19, 2005, and in excess of 30 percent therefrom. However, he did not meet the criteria for a higher initial rating.,The right shoulder disability did not meet the criteria for a higher initial rating.,For his service-connected hypothyroidism, the veteran did not meet the criteria for an initial rating in excess of 10 percent prior to May 15, 2002, and in excess of 30 percent therefrom. The veteran's ankle disorder was not found to be incurred during active service.,The veteran failed to submit a substantive appeal regarding his claim for increased ratings on headaches.

The Board has remanded the case for further development and a videoconference hearing.

The Board has determined that the veteran's back disability and headaches are not related to his military service, and thus denied both claims.

The VA denied the veteran's claim for an increased evaluation for his chronic low back syndrome, currently rated at 40 percent. The disability is manifested by severe limitation of motion with forward flexion limited to 30 degrees and no evidence of unfavorable ankylosis or neurologic impairment.

The Board has remanded the case for further development of evidence, including obtaining VA medical treatment records and scheduling the appellant for an orthopedic examination to determine if her low back/lumbosacral spine condition is related to service. The appellant's chronic headache disorder and sleep disorder are also being evaluated.

The veteran's back disorder was not rated higher than 20 percent from October 24, 2002 to January 13, 2004.,An effective date of January 14, 2004 for a 40 percent evaluation for the chronic lumbar strain with degenerative changes was granted.

The veteran's lumbar spine disability is currently evaluated at 50 percent, and the claim for an increased rating has been granted. The service connection claim for a sleep disorder was denied.

The Board finds that the veteran's low back disability, including associated radiculopathy of the lower extremities, is service-connected as a result of an in-service injury.

The Board has denied the veteran's claims for service connection for a bilateral knee condition, back condition, blepharitis (claimed as an eye condition), and anxiety due to lack of evidence linking these conditions to his military service.

The Board denied the veteran's claims for service connection for various conditions, finding that there was no evidence of onset during service or a relationship to service.

The Board has remanded the case due to incomplete records and need for further examination.

The Board has determined that the veteran's low back disability warrants a rating of 20 percent, as it meets the criteria for such under the General Rating Formula for Diseases and Injuries of the Spine.

The Board denied service connection for anxiety with depression, degenerative changes of the lumbar spine to include arthritis, and hypertension. The claims were not addressed as they are presumed to have had onset after service.,There is no evidence linking these conditions to service.