Back / lumbar spine decisions — 2007

The Board has determined that the veteran's current low back disability is related to his service, and thus grants service connection for a low back disability.

The Board has remanded the case to the RO for additional development, including a new VA examination and consideration of 38 U.S.C.A. § 1154(b) regarding the veteran's claimed back injury in service.

The veteran's appeal has been withdrawn due to his desire to withdraw the appeal. As a result, no decision can be made on any of the issues.

The Board found that the veteran's lumbar spine disorder and arthritis of the spine were not present within one year after separation from service, nor are they etiologically related to service. The Board also denied his claim for an initial evaluation in excess of 30 percent for chronic cluster headaches.

The veteran's claim for an increased evaluation for low back strain was denied due to his failure to appear for a VA examination scheduled in December 2006 without providing good cause.

The veteran's claims for increased ratings for his lumbar spine and cervical spine disabilities were denied as the evidence did not show that he experienced incapacitating episodes or ankylosis.,The veteran's claim for service connection for degenerative joint disease of the knees was denied as there was no competent medical evidence linking arthritis to his active duty service.

The Board has determined that the veteran's left shoulder and back disabilities are not related to service, and thus denied these claims.

The veteran's claims for service connection for degenerative joint disease of the lumbar spine, hypertension, anxiety disorder, and depression have all been denied. The claim for PTSD has not been addressed in this decision.

The Board has determined that the veteran does not have a psychiatric disorder, including PTSD and bipolar disorder, that is attributable to his active military service. The low back disorder also cannot be attributed to service.

The veteran's service-connected degenerative disc disease of the lumbar spine is currently rated at 20 percent, which is the maximum schedular rating available for this condition. The radiculopathy of the left lower extremity is also rated at its maximum schedular rating of 10 percent.

The VA has determined that the veteran's degenerative disc disease at L4-5, status post-disc coagulation, does not warrant an evaluation in excess of 20 percent.

The VA determined that the veteran's back disability, specifically rheumatoid arthritis of the lower thoracic spine and ankylosis of the lumbosacral spine, is currently rated at 40 percent disabling. The Board found no evidence to support a higher rating based on current diagnostic criteria.

The Board denied the claim for service connection for the cause of the veteran's death, finding that the glioblastoma was not related to his service and did not contribute to his death.

The Board has determined that the veteran's current diagnoses of degenerative joint disease of the lumbar spine and bilateral multiple small nodules, most likely granulomas, in all fields of the lungs are not related to service. The claims for service connection have been denied.

The Board has determined that the veteran's claimed left foot hallux rigidus with metatarsophalangeal degenerative joint disease and low back disability are not related to service or any service-connected conditions. The claims have been denied.

The veteran's service-connected low back pain with spinal stenosis and degenerative disc disease is currently rated at 20 percent, which does not meet the criteria for a higher rating under the applicable VA rating criteria.

The VA determined that the veteran's service-connected lumbar spine disability is manifested by pain and muscle spasm, but does not meet the criteria for a higher rating.

The VA has determined that the veteran's service-connected herniated nucleus pulposus at L4-5 with minimal degenerative changes of the lumbar spine does not warrant a rating in excess of 40 percent due to lack of persistent neurological problems or incapacitating episodes.

The Board found no evidence linking the veteran's current low back disability to his active service, including a reported injury during service. The Board concluded that the veteran did not meet the criteria for presumptive service connection due to arthritis and denied the claim.

The Board denied the veteran's claims for service connection for a lumbar spine disability and increased ratings for his left and right knee disabilities, finding that there was no evidence of a low back disorder during service or within one year after service, and that any current lumbar strain is less likely as not caused by his military service.