Back / lumbar spine decisions — 2007

The Board has determined that the veteran's low back disability does not warrant a rating in excess of 40 percent, as it does not meet the criteria for ankylosis or incapacitating episodes requiring bed rest prescribed by a physician.

The veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and service department termination records. The TDIU claim will also be referred to the appropriate first line authority for consideration of an extraschedular rating.

The veteran's claim for increased disability ratings for his service-connected chronic low back pain and post transection, right lateral femoral cutaneous nerve is being remanded to obtain additional medical records and conduct further examination.

The veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including a new VA examination.

The Board has determined that the veteran's degenerative disc disease of the lumbar spine warrants a higher rating of 30 percent, effective from when his disability manifested, due to the presence of deformity and mild but painful limitation of motion.

The Board has granted a disability rating of 30 percent for residuals of a neck injury with associated headaches, effective July 20, 2001. The veteran is also entitled to Paragraph 30 benefits based on need for convalescence following L4-5 and L5-S1 anterior discectomy and anterior fusion performed on December 19, 2001.

The veteran's cervical spine disability was granted a 20 percent rating effective November 8, 2006. His thoracic spine disability remains at a 10 percent rating.

The Board has ordered additional development of the veteran's service medical records and a VA examination to determine if his current back disability is related to his military service. The appeal will be remanded for these actions.

The Board has denied the reopening of the veteran's claim for service connection due to lack of new and material evidence.

The veteran's appeal is being remanded for a Travel Board hearing. The issues of increased ratings for coronary artery disease, bilateral hearing loss, and GERD, as well as service connection for low back pain, are pending.

The Board has determined that the veteran does not have a current sinusitis, back disability, or bilateral hearing loss disability. The service connection claims for these conditions are denied.

The Board has granted service connection for a low back disorder and found that the veteran's current symptoms are related to his active duty service. The issue of an increased rating for scar residuals of actinic keratoses is being remanded.

The Board has granted service connection for degenerative disc disease with disc herniation at L5-S1 as secondary to the veteran's service-connected right thigh/femur disability. The claim for TDIU is being remanded for further consideration.

The Board found no evidence linking the appellant's current right knee and back disorders to service, including any in-service injury. The preponderance of the evidence is against both claims.

The Board denied the veteran's claims for a higher evaluation for lumbosacral strain syndrome and service connection for a neck disability, finding that his conditions did not meet the criteria for increased ratings or service connection.

The Board has determined that the veteran's lumbosacral strain warrants an increased rating to 20 percent, effective from the date of the claim.

The Board has determined that the veteran's spondylosis of the lumbar spine and degenerative disc disease do not meet or approximate the criteria for a rating higher than 40 percent.

The Board denied an effective date earlier than March 22, 1994 for the award of service connection for post-traumatic degenerative disc disease with spondylosis of the lumbosacral spine.

The case is being remanded for further development and compliance with the Veterans Claims Assistance Act of 2000 (VCAA).

The Board denied higher initial ratings for the veteran's service-connected low back strain, right lower extremity nerve disability, and left lower extremity nerve disability.