Back / lumbar spine decisions — 2007

The Board has remanded the case for additional development due to incomplete records and failure to provide proper notice.

The veteran's degenerative disc disease at L3 is currently rated as 20 percent disabling, and the Board has determined that a higher rating is not warranted.

The Board has determined that the veteran does not have a current disability of any claimed conditions related to his military service, and therefore denied all claims for service connection.

The Board denied the veteran's claims for increased evaluations for his service-connected chronic headaches, lumbosacral strain/sprain, and postoperative neck and facial scars. The veteran's headaches are characterized by daily occurrences with some light and sound sensitivity but no nausea or visual aura. His lumbosacral strain is limited to flexion of 70 degrees, extension of 20 degrees, lateral flexion and rotation each to 20 degrees without muscle spasm, guarding, or list. The scars are disfiguring with a total length of 6.5 cm, hyperpigmented, tender, and not adherent, ulcerated, depressed, elevated, or adherent.

The veteran's claims for service connection for an acquired psychiatric disorder, PTSD, and degenerative joint disease of the low back were denied. The claim for increased disability rating for shoulder arthritis was also denied.

The veteran's claims for increased ratings and service connection were denied. The Board found no evidence of a back disorder secondary to his service-connected bilateral knee disorders, and the right and left knee conditions did not meet criteria for higher initial ratings.,Tinnitus was also denied as there is no legal basis for an evaluation in excess of 10 percent.

The Board has reopened the claims for service connection for back and bilateral foot disabilities, as new and material evidence has been received. The claims are now considered on their merits.

The Board has ordered additional development due to the need for a VA examination and consideration of new evidence. The veteran's lumbar, cervical spine, and left shoulder disorders are being evaluated in light of their potential service connection.

The Board has determined that the veteran's service-connected disabilities do not prevent him from securing and following a substantially gainful occupation, thus denying his claim for total disability rating based on individual unemployability.

The Board denied service connection for degenerative changes of the lumbosacral spine and tremors, but granted service connection for sinusitis.,Service connection was not established for a low back disability or neurological impairment (tremors) due to lack of evidence linking these conditions to military service.

The Board granted a 40 percent rating for the veteran's lumbar spine disability as of August 4, 2003. The decision also maintained the previously assigned ratings for the thoracic spine disability.

The Board has determined that further development is necessary due to inadequate VCAA notice regarding the reopening of claims for service connection for low back pain and sinusitis.

The Board has determined that the veteran's current lumbosacral spine disability, characterized by disc bulging and degenerative disease, did not manifest until many years after service. Therefore, service connection for this condition is denied.

The Board has reopened the claim for lumbar spine degenerative disc disease, finding new and material evidence. However, service connection was not granted as the disability is considered to be directly related to service rather than due to a presumption or other specific theory.

The veteran's appeals for increased ratings for bilateral hearing loss and service connection for right hip disability, including arthritis, a back disability, tinnitus, and disability exhibited by night sweats and tremors have been withdrawn.

The veteran is found to be competent for VA purposes and does not meet the criteria for special monthly pension on account of need for aid and attendance or being housebound.

The Board has determined that the veteran's service-connected bilateral flat feet warrant a 10 percent rating, effective December 18, 2000. The claim for service connection for a low back disability as secondary to service-connected bilateral flat feet is denied.

The veteran's low back disability has been manifested by moderate limitation of motion, but no more than severe limitation of motion, severe lumbosacral strain, incapacitating episodes, or separately ratable neurological impairment. The rating in excess of 20 percent is not warranted.

The veteran's initial claim for service connection for TMJ disorder was denied. The RO also granted service connection for a low back injury with a noncompensable rating effective May 1, 2003. However, the Board has remanded this issue due to insufficient evidence.

The Board has determined that the veteran does not have current diagnoses of right knee, left knee, cervical spine, thoracolumbar spine, or skin disorders (other than scars), and therefore, his claims for service connection are denied.