Back / lumbar spine decisions — 2007

The Board found that the veteran's low back disorder was not incurred in or aggravated by service, nor is it proximately due to a service-connected disability. The evidence did not support a finding of chronicity.

The Board found no evidence of a chronic condition in service and concluded that the veteran's current low back disorder is not related to his military service.

The Board has granted a 60 percent evaluation for the veteran's iliosclerosis, right sacroiliac joint (back disability), effective from September 23, 2002. The decision also notes that the veteran is entitled to a separate 10 percent evaluation for radiculopathy of the right lower extremity.

The Board granted a 40 percent evaluation for lumbosacral strain effective December 4, 2004. The veteran's TDIU claim was also granted.

The Board has determined that new and material evidence has not been received to reopen the veteran's claim of service connection for low back disability. The February 1986 rating decision severing service connection is final, and no additional evidence received since then raises a reasonable possibility of substantiating the claim.

The VA Board of Veterans' Appeals (Board) found that the veteran's low back disability, currently rated at 10 percent, did not meet the criteria for a higher evaluation. The evidence showed forward flexion to 87 degrees with no additional limitation due to functional factors without muscle spasm or neurologic impairment.

The veteran's claims for various orthopedic and psychiatric conditions were denied as the evidence did not establish that any of these conditions were incurred or aggravated during his military service.

The Board found that the veteran's current low back disorder, including L5-S1 nerve root irritation, is not related to his service and denied his claim for service connection.

The veteran's claim for an extension of vocational rehabilitation training was denied as his service-connected disabilities did not prevent him from performing the duties of his rehabilitated occupation.

The veteran's low back disability was granted a 60% rating effective from August 6, 2004. The decision also noted that the issue of whether separate neurological ratings should be assigned remains in appellate status.

The VA denied the veteran's claim for an increased initial rating of 40 percent for his service-connected lumbosacral strain, finding that it did not meet the criteria for a higher evaluation under the applicable rating criteria.

The Board has determined that further development is needed regarding the veteran's claim for TDIU due to his service-connected disabilities. The case is REMANDED for a supplemental VA medical opinion and review of the claims file.

The veteran's appeal has been dismissed due to his death. The Board cannot adjudicate the merits of this claim as it is no longer in a jurisdictional state.

The veteran's migraine headaches are currently rated at 10 percent, effective January 27, 2004. The Board found no evidence of a current skin rash or sinusitis that was manifest during active service or developed as a result of an established event, injury, or disease during active service. Right and left foot calluses were also not incurred in or aggravated by service.

The veteran's hearing acuity is rated at Level II in the right ear and Level IV in the left ear, resulting in a noncompensable disability rating for bilateral hearing loss.,The veteran's service-connected GERD with esophagitis does not meet the criteria for a 30 percent evaluation due to less severe symptoms such as pain, vomiting, material weight loss, hematemesis or melena, and moderate anemia.

The Board found no basis to assign a disability rating higher than 10 percent for the veteran's degenerative disc disease, lumbosacral spine due to lack of evidence showing incapacitating episodes or severe symptoms.

The Board has granted service connection for bilateral hearing loss but denied service connection for degenerative changes of the lumbar spine. The veteran's current conditions are unrelated to his military service.

The veteran's low back disorder is rated at 20 percent, and his left knee disorder is also rated at 10 percent. Service connection for a bilateral hip disorder was granted as secondary to the service-connected low back and left knee disorders.

The Board has determined that the appellant's lumbar spine disability warrants a 20 percent evaluation, reflecting the current limitation of motion and no ankylosis.

The Board has determined that additional development is needed to ensure all relevant evidence is considered in the decision on the veteran's claims for service connection.