Back / lumbar spine decisions — 2007

The Board found that the veteran did not engage in combat with the enemy and his claimed PTSD is not related to a verified stressor. As such, service connection for PTSD was denied.

The veteran's claim for higher initial evaluations and an earlier effective date for his service-connected degenerative disc disease of the lumbar spine with disc herniation at L5-S1 was denied. The RO assigned a 40 percent evaluation effective from August 18, 2005.

The Board has determined that the veteran's pre-existing congenital back fusion at L-4, L-5 and S-1 was aggravated during service. Therefore, service connection for degenerative disc disease and sciatica of the left leg is granted.

The veteran's service-connected mechanical low back strain and cervical strain have been granted, but the initial ratings assigned are 10 percent for both conditions. The left knee disorder has also been granted with a noncompensable evaluation.

The Board denied a rating in excess of 20 percent for the veteran's low back disability, finding that the evidence did not meet the criteria for a higher evaluation prior to April 24, 2001 and from April 24, 2001 onwards.

The Board has determined that the veteran's low back disability and gastric reflux disorder are related to service, granting these claims.

The Board has ordered a remand for the veteran to undergo another VA examination and provide an opinion regarding his claimed low back disorder and bilateral leg disorder. The claims will be reconsidered based on this new evidence.

The Board found that the veteran's current low back disability is attributable to active service and granted his claim for service connection.

The Board has granted increased ratings for the veteran's left ankle and low back disabilities, with a 20 percent rating assigned from March 11, 2003 to October 1, 2005. The decision also addressed the issues of entitlement to higher initial ratings for these conditions.

The veteran's claims for higher evaluations of his lumbar spine, thoracic spine, and right shoulder disabilities were denied. The heart condition claim was not granted as it is unrelated to service.

The Board found that the evidence does not support a finding of service connection for a back disability and denied both issues on appeal. The veteran's right foot fracture is currently rated as noncompensable.

The Board has denied the veteran's claims for service connection for back and left hip disorders as secondary to his service-connected postoperative residuals of a left knee injury due to lack of medical evidence linking these conditions to his service-connected disability.

The Board has decided to remand the case for additional development, including obtaining home health care records and clinical records from June 2004 onwards.

The Board has determined that a VA examination is necessary to determine the etiology of the veteran's spine disability and left lower extremity radiculopathy, as well as whether any congenital defects or superimposed diseases are service-connected.

The Board denied a rating in excess of 20 percent for the veteran's degenerative disc disease of the lumbar spine, finding that his symptoms did not warrant such an increase based on the criteria at the time of the claim.

The veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to lack of qualifying conditions.

The Board has reopened the claim of service connection for a cervical neck injury and finds that it is due to disease or injury incurred in service. The veteran's current DDD of the cervical spine is considered likely related to his military service.

The Board has remanded the case for further action, including scheduling a travel board hearing.

The veteran's claim for an increased rating for his service-connected chronic low back strain is being remanded due to the need for a new VA examination and consideration of functional loss.

The Board denied service connection for degenerative disc disease of the lumbar spine and tinnitus, finding that there was no evidence to support a link between these conditions and service.