Back / lumbar spine decisions — 2007

The VA denied an increased rating for the service-connected residuals of a fracture of the lumbar spine, as the evidence did not show that the disability warranted a higher rating based on limitation of motion or other criteria.

The Board found that the veteran's service-connected lumbosacral sprain/strain has been manifest throughout the appeal period by limitation of flexion to no less than 70 degrees and combined range of motion of the thoracolumbar spine at least 170 degrees. The disability does not meet criteria for a higher initial rating.

The Board found no evidence of a low back disorder during service or within one year after service, and concluded that the current condition is not related to military service.

The veteran's claims for increased evaluations of PTSD and lumbosacral strain, as well as TDIU, are being remanded due to the failure to comply with VA's duty to notify and provide an adequate examination.

The Board has reopened the veteran's previously denied claim of service connection for lumbosacral strain due to new and material evidence, but the issue remains pending as it is not yet decided whether the condition was incurred or aggravated by service.

The VA determined that the veteran's current low back disorder is not related to his service, and thus denied his claim for service connection.

The Board found that the veteran's low back disorder is not related to his active service and denied his claim.

The Board has determined that the veteran's cervical spine, lumbar spine, and left leg disabilities are not related to his service-connected left shoulder disability. The claims for service connection have been denied.

The Board has determined that the veteran's current right and left knee disabilities are related to his service-connected bilateral flat feet, while his low back disability is not. The rating for his bilateral flat feet has been increased to a 30 percent.

The veteran's low back disability is manifested by no more than moderate range of motion limitations, no significant neurological deficits, and no sciatic neuropathy; but with complaints of pain, sometimes significant but generally controlled with medications; and flare-ups causing 30 days loss of work in the past 6 years. The criteria for an evaluation of 20 percent and no more for low back disability from November 30, 2000 are met.

The Board found no evidence linking the veteran's current low back disorder to his service, including an in-service injury. The claim for service connection was denied.

The Board has remanded the case for further development and consideration, including obtaining VA treatment records, providing VCAA notice, scheduling an orthopedic examination, and allowing a supplemental statement of the case.

The Board has restored service connection for low back disability. The veteran's cervical spine and left arm disabilities are being remanded for further development, including obtaining medical records and scheduling a VA examination.

The Board has remanded the case due to insufficient verification of the veteran's National Guard service and a need for further development, including obtaining medical records and personnel records from his National Guard unit.

The Board denied the veteran's claim for service connection for degenerative joint disease (arthritis) and degenerative disc disease, finding no evidence of a nexus between these conditions and his active duty service. The Board also found that there was no continuity of symptomatology or direct service connection.

The VA determined that the veteran's degenerative disc disease of the thoracic spine does not warrant a higher initial rating than 10 percent.

The VA denied the veteran's claim for a higher disability rating for his service-connected lumbar strain, assigning him a 10 percent disability rating effective from January 1, 2005.

The veteran's combined disability rating is 60%, which does not meet the minimum schedular criteria for a TDIU under VA regulations. The RO denied referral to the Director of Compensation and Pension Service for consideration on an extraschedular basis due to lack of evidence showing unemployability.

The Board dismissed the veteran's appeal of fourteen service connection issues due to his request for withdrawal. The only remaining issue is tinnitus, which was denied as there is no evidence that it was incurred during service.

The veteran's claim for an increased evaluation for lumbosacral strain is being remanded due to the need to adjudicate other service connection claims related to his spine. The case will be returned to the Board if any of these claims are granted.