Back / lumbar spine decisions — 2007

The veteran's back condition is manifested by pain and stiffness after lifting, bending, and extended standing. He uses various prescription medications for pain relief, especially during flare-ups that require temporary rest. The combined range of motion is 280 degrees with no additional limitation on repetition.

The Board denied a rating higher than 20 percent for cervical spine degenerative disc disease, finding that the evidence did not meet the criteria for such an increase based on orthopedic manifestations or incapacitating episodes. A separate 10 percent rating was granted for mild incomplete paralysis of the median nerve.

The Board found that the veteran's current bilateral hearing loss is related to service, and granted his claim for service connection.

The Board has remanded the case for further examination and development of evidence to determine if the veteran's back disability is related to his service.

The Board granted service connection for the veteran's low back injury and radiculopathy of both legs, effective September 14, 1999.

The veteran's claimed conditions, including bilateral foot pain, right and left carpal tunnel syndrome, stomach ulcers, gastrointestinal reflux disease, erectile dysfunction, chronic sinusitis, lipomatous lesion of the left shoulder, benign prostatic hypertrophy, tinnitus, depressive disorder, and hypertension, have been evaluated. The veteran does not meet the criteria for a combined 100 percent schedular rating under the VA Schedule for Rating Disabilities. Therefore, his claim for permanent and total disability rating for VA non-service-connected pension purposes has been denied.

The Board found that the veteran's degenerative disease of the lumbar spine was not attributable to service and denied his claim for service connection.

The Board has granted service connection for fibromyalgia as a presumptive disability due to service in the Gulf War. Service connection was denied for back, neck, and right shoulder disabilities unrelated to fibromyalgia.

The Board denied the veteran's claims for service connection for a knee disorder and low back disorder, as well as his requests for increased ratings for hepatitis and post-operative residuals of a gunshot wound to the abdomen and right buttock. The evidence did not support these claims.

The Board has granted service connection for the veteran's lumbosacral strain and radiculopathy of the lower extremities, assigning a 20 percent disability rating for each condition.

The veteran's claim for increased ratings for his cervical spine disability has been denied. For the period prior to September 24, 2004, he was not entitled to a rating higher than 40 percent. For the period from September 24, 2004, forward, he is already receiving the maximum schedular rating of 60 percent.

The Board has determined that the veteran's low back disability, diagnosed as degenerative joint and degenerative disc disease of the lumbosacral spine, is service-connected based on continuity of symptoms since service.

The Board found no link between the veteran's current back disorder and service, thus denying his claim for service connection.

The Board has determined that the veteran's degenerative disc disease of the lumbar spine was not incurred in active service and denied his claim for service connection.

The Board has reopened the claim for compensation benefits, pursuant to 38 U.S.C.A. § 1151, for headaches based on a head injury claimed to have been sustained during an August 1989 VA cardiac catherization. However, the claim is denied as there is no competent evidence or opinion that indicates the veteran's current headaches were caused by this procedure.

The veteran's major depressive disorder is rated at 50 percent effective from March 3, 2004. Her low back disorder remains rated at 20 percent.

The Board denied the veteran's claims for service connection of a lumbar spine disability and an increased rating for his right knee disability, finding no evidence linking these conditions to his service-connected left knee disability. The claim for an initial rating in excess of 10 percent for degenerative joint disease of the right knee prior to November 16, 2006 was also denied.

The Board denied the veteran's claims for increased ratings and service connection, except for a 30% rating for her left knee disability effective June 28, 2002. The decision also addressed other issues such as new evidence to reopen right knee disability claim, low back disability, left foot disability, gastritis, dysthymic disorder, and TDIU.

The Board denied the veteran's claims for service connection for lumbar spine, cervical spine, and right shoulder disabilities as secondary to his service-connected right elbow disability.

The veteran's service-connected low back disability is not shown to be of such severity so as to preclude substantially gainful employment, and he does not meet the minimum schedular criteria for a TDIU.