Back / lumbar spine decisions — 2007

The Board has granted a 40 percent rating for the veteran's lumbar disc disease since September 26, 2003. The evidence does not support higher ratings based on severe limitation of motion or pronounced intervertebral disc syndrome.

The veteran's lumbosacral spine disorder is rated at 20 percent, effective from the date of his claim. Service connection for PTSD was denied.

The Board has determined that the veteran's arthritis of the lumbar spine and bilateral hip replacement were not incurred or aggravated by service, nor are they related to a service-connected disability. The claims for service connection have been denied.

The Board has reopened the veteran's claim for service connection of a low back disorder and granted an increased rating to 10 percent for right hand fracture residuals with arthritis. The effective date is set at January 2, 2003.

The Board has denied the veteran's claims for service connection for residuals of lumbar strain and disc syndrome, L5-S1 as there is no evidence linking these conditions to his active duty service.

The veteran's claims for increased ratings for left ear hearing loss, right knee arthritis, and arthritis of the lumbar spine were denied. The VA found that his right ear hearing acuity was designated as Level I hearing loss, while his left ear hearing loss was also designated as Level I. For his right knee arthritis, he did not meet the criteria for a higher evaluation based on limitation of motion or x-ray findings. His arthritis of the lumbar spine did not meet the criteria for a higher evaluation either.

The veteran's claims for service connection are being remanded due to the need for additional medical examination and review of his treatment records.

The Board denied the veteran's claims for service connection for a right knee disorder and an increased rating for low back syndrome. The effective date for the compensable disability evaluation of low back syndrome was not granted earlier than February 11, 2003.

The veteran's inability to use his feet is due to a progressive neuromuscular disease (ALS), not his service-connected low back disability. The Board finds that the preponderance of evidence shows he cannot safely operate a motor vehicle.

The veteran's appeal is being remanded for additional development due to a material change in his disability since the last examination.

The veteran's lumbosacral strain with degenerative disc disease results in limited motion of the thoracolumbar spine, but does not meet the criteria for a higher rating under any applicable diagnostic code.

The veteran's service-connected lumbar spine disability was increased to a 40 percent rating effective December 18, 2004. The RO found that the condition warranted such an increase based on severe limitation of motion and radiculopathy.

The Board increased the rating for the veteran's low back disability from 10 to 30 percent, and granted a separate 10 percent rating for associated L5-S1 right radiculopathy. The right shoulder disability claim is pending.

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

The veteran's low back disability, characterized by degenerative joint and disc disease, is currently rated at 40 percent based on severe limitation of motion. The appeal has been granted.

The Board denied an increased rating for the veteran's lumbosacral strain, finding that his symptoms did not meet or approximate the criteria for a higher evaluation.

The Board has determined that there is no current evidence of a low back disability or right ear hearing loss disability, and thus service connection cannot be granted for these conditions.

The Board denied service connection for left hip and lumbar spine disabilities as secondary to the service-connected left pelvis bone graft donor site.

The veteran's low back disorder is being remanded for further examination and medical opinion to determine its etiology.

The Board has determined that the veteran does not have a back condition or arm condition other than those already service-connected. Additionally, there is insufficient evidence to establish PTSD as incurred in service.