Back / lumbar spine decisions — 2007

The Board has denied service connection for the veteran's claimed knee, hip, and spine conditions as they are not related to his active service.

The VA denied the veteran's claims for increased ratings for his degenerative disc disease of the lumbar spine and cervical strain. The VA found that the veteran did not meet the criteria for a compensable rating for cervical strain, as his range of motion was within normal limits with no significant pain or other functional loss. For the lumbar spine condition, the VA determined that there were no incapacitating episodes in the previous year, which is required for a higher evaluation under the revised criteria.

The Board has reopened the veteran's claim for service connection for a low back disability and remanded it for further development.

The Board has determined that the veteran's service connection claim for a back disability is granted.

The Board denied increased ratings for the veteran's lumbar and cervical spine disabilities, finding that the evidence did not support a higher rating based on unfavorable ankylosis or incapacitating episodes of intervertebral disc syndrome.

The Board found that the veteran does not have a current disability of either knee or low back, and therefore denied his claims for service connection.

The Board denied the veteran's claim for an effective date prior to May 13, 2005 for the grant of special monthly pension based on the need for aid and attendance due to lack of evidence of a claim or entitlement prior to that date.

The Board found that new and material evidence had been submitted to reopen the claim, but denied the claim on the merits.

The Board denied service connection for the cause of the veteran's death, finding that his cause of death (sepsis) was not related to his service or a service-connected disability.

The Board has remanded the case for further development, including obtaining an etiological opinion regarding whether the veteran's current lower back condition is related to his active duty service.

The veteran's service-connected coronary artery disease, resulting from hypercholesterolemia during service, is granted. His spine disability remains at a 50% rating and his sciatic neuropathy of the right lower extremity is rated at 10%. The claims are all granted.

The Board denied an increased rating for the veteran's GSW to the left buttock and service connection for a lumbar spine disorder. The veteran's GSW to the left buttock is currently rated as 20 percent disabling, while his lumbar spine disorder remains unaddressed.

The Board has determined that new and material evidence was not submitted to reopen the claim of service connection for a low back disorder, thus denying the reopening of the claim.

The VA determined that the veteran's chronic lumbosacral myofacial strain does not warrant a higher rating than 40 percent, as there is no evidence of unfavorable ankylosis or incapacitating episodes meeting specific criteria.

The veteran's PTSD was found to be incurred in or aggravated by active service, and his back disorder is considered a direct result of the veteran's military service. The case is remanded for further examination regarding the back disorder.

The Board found that the veteran's service-connected chronic lumbosacral strain did not meet the criteria for an evaluation in excess of 20 percent.

The veteran is unemployable due to service-connected disabilities, specifically his right common peroneal nerve paralysis and clinical right SI lumbar radiculopathy.

The veteran's service-connected major depressive disorder is manifested by symptoms that include depression, anxiety, suspiciousness, alienation, varied affect, urgent speech, and sleep impairment, resulting in occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks. The claim for an increased rating for lumbosacral strain requires further examination.

The Board has determined that the veteran's bilateral leg swelling with thrombosis of the right calf and cervical spine disorder are not related to his service-connected disability of the left leg. Therefore, these claims for service connection have been denied.

The Board found that the veteran's current low back pain is not related to service, as it was associated with minimal degenerative spurs and not muscular in nature. The pre-existing left kidney condition did not lead to post-surgical low back pain.