Back / lumbar spine decisions — 2007

The Board denied increased ratings for the veteran's burn scars and service connection for secondary disabilities of his right hip and lumbosacral strain. The veteran's right thigh scar was rated at 20 percent, which is the maximum rating available under current VA regulations.

The veteran's appeal is being remanded for further evaluation of her lumbar spine disability to determine if a higher initial disability rating can be granted.

The veteran's appeal for an extension of a temporary total rating and an increased rating for his service-connected lumbar spine disability has been dismissed due to the appellant's withdrawal.

The Board has remanded the case to the RO for further development due to new evidence submitted by the veteran.

The Board denied the veteran's claim for a rating in excess of 20 percent for his lumbar strain and degenerative arthritis thoracolumbar junction, finding that the evidence did not support an increase in disability beyond what was already assigned.

The Board has denied the veteran's claim for an increased evaluation for his low back disorder, currently rated at 10 percent.

The Board found that the veteran does not have a current low back disability and denied service connection for PTSD. The veteran's PTSD is currently rated at 10 percent, which is the lowest possible rating under the applicable criteria.

The Board has denied the veteran's claim for service connection for degenerative disc disease, spondylolysis, and spondylolisthesis of the lumbar spine as there is no evidence showing a direct relationship to service.

The Board found that the veteran's low back disability, characterized by pain and limited flexion to 45 degrees or greater, does not warrant a higher rating than the current 20 percent.

The Board has granted an initial rating of 10 percent for radiculopathy of the left lower extremity, effective from September 13, 2004. The veteran's claim for a higher schedular or extraschedular rating in excess of 10 percent for this condition and for a higher schedular or extraschedular rating in excess of 20 percent for postoperative residuals of a laminectomy at L-4 and partial laminectomy at L3-4, with lumbar strain remains pending.

The Board denied the veteran's claims for service connection for bilateral Achilles' tendonitis and for increased ratings for his left knee disability. The appeal was dismissed as the substantive appeal regarding the January 2002 rating decision on lumbar spine disabilities was not timely filed.

The Board has remanded the case due to several issues, including obtaining legible copies of medical records from Dr. E. M., providing a more thorough explanation for the denial of higher ratings, and sending VCAA notice.

The veteran's low back disability is rated at a maximum of 60 percent effective June 2, 2005.

The Board has granted service connection for a lumbar spine disability secondary to service-connected shell fragment wounds of the lower extremities. The veteran's headaches, left knee degenerative joint disease, and asbestosis are not addressed in this decision.

The veteran's claims for increased ratings for degenerative joint disease of the right shoulder, cervical spine, and lumbar spine have been denied. The claim for hypertension has also been denied.

The Board has determined that the veteran's low back and left knee disabilities are not related to service, and therefore denied both claims.

The Board has denied the veteran's claims for service connection for a back condition and bone spurs of the cervical spine, finding that there is no evidence linking these conditions to his military service.

The Board found that the veteran's right shoulder and low back disabilities do not warrant a rating in excess of 10 percent throughout the course of this appeal.

The Board denied the veteran's claims for service connection for low back disability, heart disorders and hypertension, right eye disability (not established), and an increased evaluation for PTSD. The appeals were based on direct service connection.

The veteran's claims for increased evaluations and TDIU are being remanded due to the need for additional evidentiary development, including obtaining medical records and affording him a VA examination.