Back / lumbar spine decisions — 2007

The Board found that the veteran's lumbosacral strain did not meet or approximate the criteria for a rating in excess of 20 percent prior to September 26, 2003. Since then, there is no evidence showing any forward flexion findings of the thoracolumbar spine at 30 degrees or less, objective neurological manifestations associated with his service-connected lumbar disability, or ankylosis of the thoracolumbar spine.

The veteran's lumbosacral strain is currently rated at 60 percent, the maximum schedular evaluation available under Diagnostic Code 5293. The claim for an increased rating is denied.

The Board has granted a 50 percent evaluation for the veteran's lumbosacral strain with degenerative disc disease, L5 to S1, and compression fracture of L1 to L2, finding that it meets the criteria for such an evaluation.

The veteran's claim for service connection for a low back disorder secondary to his service-connected bilateral foot disorder was denied. The veteran's pes planus was granted an increased rating of 50 percent.

The Board denied the veteran's claims for increased ratings for his service-connected low back disability, finding that prior to September 1, 2004, he was only entitled to a rating of 20 percent. After September 1, 2004, no higher rating is warranted.

The Board found that the veteran's current lumbar spine disability is not causally related to his active service or any incident therein, and thus denied the claim for service connection.

The Board has determined that the veteran's chronic lumbar spine degenerative disc disease is now granted as secondary to his service-connected post-operative left knee impairment residuals.

The Board has determined that the veteran's service-connected conditions render him unable to secure or maintain substantially gainful employment, and thus grants a TDIU.

The Board denied the veteran's claims for service connection for hypertension, low back disorder, and PTSD. The decision found that hypertension pre-existed service and was not aggravated during service, while a low back disorder is not shown to be related to service. Service connection for PTSD was also denied due to lack of corroborated stressor events.

The Board has remanded the case to the RO for consideration of new evidence, including a VA medical statement from Dr. R.M.N., and for readjudication of whether there is new and material evidence to reopen the claim of service connection for a back condition.

The veteran's claim for an increased evaluation for degenerative arthritis of the lumbar spine was granted, with a rating of 40 percent effective April 18, 2006. The claims for service connection for bladder cancer and squamous cell carcinoma were also granted.

The Board denied the veteran's claims for an increased disability rating for bilateral pes planus and service connection for a back disability, finding no evidence of a current back disorder or that it was related to his service-connected bilateral pes planus.

The Board has reopened the veteran's claim of service connection for a back disorder and is remanding the issue of an increased rating for his right fourth metacarpal disability. The veteran will be provided with VCAA notice, and all relevant treatment records must be obtained.

The Board denied the veteran's request to reopen his claim for service connection due to lack of new and material evidence, as the medical records did not establish a causal relationship between his degenerative disc disease of the lumbar spine and his service-connected foot condition.

The Board denied the veteran's claims for increased ratings and service connection, finding that her right ankle sprain warranted a 10 percent rating. The other issues were also denied.

The Board has determined that the veteran's lumbar strain with scoliosis and degenerative joint disease does not meet or approximate the criteria for a rating in excess of 20 percent.

The veteran's claims for an increased rating for her service-connected lumbosacral strain and a total rating based on individual unemployability due to service-connected disability are being remanded for additional development of the record.

The Board has determined that there is no competent evidence of current left shoulder, back, or knee disabilities. The veteran's claims for service connection are denied.

The Board is remanding the case to allow for a VA physician to review the medical evidence and provide opinions regarding the veteran's service-connected back disability, specifically addressing functional impairment during flareups or when used repetitively over a period of time.

The Board has reopened the claims for service connection for schizophrenia, ulcer disease, back disability, and cardiovascular disease due to new evidence. However, these conditions were not incurred in or aggravated by military service.