Back / lumbar spine decisions — 2007

The Board has granted a 60 percent rating for the veteran's residuals of low back injury, effective from the date of the October 2001 rating decision. The claim to reopen his service connection for left wrist arthritis was also granted.

The RO has rated the veteran's cervical and lumbar spine disabilities at a combined rating of 50 percent, which does not meet the requirements for a permanent and total disability rating for pension purposes.

The Board has determined that the veteran's low back disorder, diagnosed as degenerative joint disease of the lumbar spine, was incurred during active military service and is therefore granted service connection.

The veteran's death was not service-connected, but he had a combined disability rating of at least 90% for over ten years prior to his death. The claim is denied as the criteria for DIC under 38 U.S.C.A. § 1318 are not met.

The Board has determined that the veteran's claims for service connection of various conditions, including head injury, back disability, shoulder disorders, foot injuries, eye disorder, heart disorder, lung disease, psychiatric disorder, diabetes mellitus, asbestosis, COPD, cervical spine disorder, hemorrhoids, tinnitus, and loss of teeth are not supported by the evidence of record.

The veteran's claim for increased evaluations and an earlier effective date for total disability based on individual unemployability was denied. The VA found that the veteran did not meet the criteria for higher ratings under the applicable diagnostic codes due to his cervical spine condition.

The veteran's service-connected disabilities, including a low back disability and depression, do not prevent him from engaging in substantially gainful employment.

The VA denied the veteran's claim for an initial disability evaluation higher than 20 percent for his degenerative disc disease of the lumbar spine, finding that his symptoms did not meet criteria warranting a higher rating based on range of motion or muscle spasm.

The veteran's claim for an increased rating for his degenerative joint disease of the lumbosacral spine was denied. The VA examiner found that the veteran had slight limitation of motion, which corresponds to a 10 percent disability rating under the old criteria and would correspond to a 20 percent rating under the new criteria.

The veteran's appeal is being remanded due to the need for additional medical records and a new examination. The issue remains on appeal regarding his service-connected low back disability.

The veteran's claim for increased ratings for his lumbosacral spine disability and lumbar spine scar was denied. The Board found that the evidence did not support a rating in excess of 40 percent for the lumbosacral spine disability, as there were no incapacitating episodes or other factors warranting such an increase. For the lumbar spine scar, the Board noted that it was not painful and did not limit function.

The veteran's appeal is being remanded for additional development due to the need for updated VA examinations and a review of his disability ratings.

The Board denied the veteran's claims for increased ratings for his service-connected lumbar, cervical, and thoracic spine disabilities due to a lack of evidence showing that any disability warranted a rating higher than those assigned.

The Board found that the veteran's service-connected status post lumbar sprain with sacroiliitis and right knee strain do not warrant an initial evaluation in excess of 10 percent.

The Board has determined that the veteran's low back disability is not related to his service-connected left ankle and foot disabilities, and thus denied the claim for service connection.

The Board has determined that the veteran does not have a current low back disorder and there is no evidence of chronicity after service, thus denying his claim for service connection.

The Board found that the veteran's low back disorder was not incurred in or aggravated by service, and denied his claim for service connection.

The Board has determined that the veteran's current psychiatric disorder (depression) is proximately due to or the result of his service-connected low back and bilateral knee disabilities, granting the claim for secondary service connection.

The Board has granted service connection for depression as secondary to degenerative joint disease of the lumbar spine, with a rating of 30%.

The Board has reopened the claim for service connection for a rectal disorder and granted it. The back disorder is not considered service-connected.