Back / lumbar spine decisions — 2007

The Board has granted service connection for a low back disorder, finding that the condition is related to active duty service.

The Board determined that the veteran's lumbar disk disease warrants a rating of 40 percent since October 8, 2004, effective from June 23, 1998. The previous ratings were found to be inadequate.

The Board has determined that the veteran's cervical spine disability was not incurred in or aggravated by service, and denied his claim for service connection. The issue of an initial evaluation in excess of 20 percent for degenerative disc disease at the lumbar spine levels remains pending.

The Board has remanded the case for further development, including obtaining VA medical records and arranging for a new orthopedic examination to assess the veteran's back disability.

The Board has found that the veteran's DDD and other degenerative changes of the cervical and thoracolumbar spine, to include residuals of fracture at T12, were incurred in active service.

The veteran's claims for higher ratings for his lumbosacral intervertebral disc disease and right knee injury, as well as a TDIU prior to December 28, 2002, were denied by the Board.

The veteran's service-connected degenerative joint disease of the lumbosacral spine, cervical spine, right ankle, left ankle, right hand, and left hand have been evaluated based on their initial grant of service connection.,The veteran's service-connected degenerative joint disease of the right knee (previously characterized as chondromalacia) has also been evaluated based on its initial grant of service connection.

The Board denied an initial evaluation in excess of 20 percent for lumbar strain, finding that the veteran's disability was manifested by moderate limitation of motion and muscle spasm without other significant findings warranting a higher rating.

The Board has determined that the veteran's claimed lumbar, thoracic, and cervical spine disabilities are not related to service. The VA examiner found no evidence of injury or disease in service and concluded that any current spinal conditions are unrelated to service.

The Board denied the veteran's claims for service connection for a right hip replacement secondary to his service-connected herniated nucleus pulposus, as well as increased rating and initial disability rating in excess of 10 percent for lumbosacral radiculopathy. The decision found that there was no evidence linking the current right hip condition to service or service-connected conditions.

The veteran's PTSD is rated at 70 percent, hypertension and bilateral vision problems are not service-connected, arthritis of the lumbar spine, right ankle disorder, and right shoulder disorder are granted with a 30 percent rating each. Dermatitis was denied.

The veteran's right knee disability is rated at 10 percent, and he has a separate 10 percent rating for painful motion with periarticular pathology. The Board denied service connection for a low back disorder as secondary to his service-connected right knee disability.

The Board has determined that there is no evidence of a current disability related to the veteran's service, and thus denied his claims for stomach disorder, low back disorder, and right leg disorder.

The Board has determined that additional development is needed to determine the nature and etiology of the veteran's claimed spine disabilities and multiple sclerosis, including obtaining VA medical records from his service period and scheduling him for appropriate VA examinations.

The Board has denied the veteran's claim for a higher evaluation for his lumbar spondylosis, finding that the evidence does not support an evaluation in excess of 20 percent.

The veteran's claims for service connection are being remanded due to the need for additional medical opinions and records.

The Board has determined that the veteran's current low back disability is not related to his military service and therefore, denied his claim for service connection.

The Board denied a rating in excess of 20% for lumbar spine arthritis with radiculopathy, finding that the evidence did not show qualifying incapacitating episodes or chronic severe limitation of motion over a 12-month period.

The Board has determined that the veteran is not entitled to service connection for a back disability with paraplegia and a right knee disability, both claimed as secondary to his service-connected left thigh. The case is remanded for further development.

The veteran's claims for increased ratings for his service-connected back disabilities are being remanded for additional development, including obtaining medical records and scheduling the veteran for a VA neurological examination to assess the severity of his radiculopathy.