Back / lumbar spine decisions — 2007

The Board denied an increased rating for chronic fibromyositis, lumbar and gluteal muscles as the preponderance of evidence indicated that neurological manifestations were dissociable from the service-connected disability.

The Board has remanded the case for further development to verify if the veteran participated in combat and was exposed to a mortar attack during service, which could potentially grant presumptive service connection for his back disorder.

The Board has granted an initial rating of 20 percent for degenerative spondylosis of the lumbar spine and a separate 10 percent rating for left knee injury, effective from January 1, 2003.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 for a low back disability, finding that new and material evidence had not been received to reopen her previous denial in May 1995.

The Board found no evidence of a low back disorder during service and insufficient medical evidence to link the current condition to service. The claim for service connection was denied.

The veteran's claim for a rating in excess of 10 percent for her low back disorder from August 26, 1999 to March 10, 2004 was denied. Service connection for her headache disorder was also denied.

The veteran's claims for increased ratings and TDIU prior to October 31, 1997 were granted. The effective date remains at the earliest possible date.

The veteran's appeal is being remanded due to incomplete records and the need for additional examinations. The case will be reviewed again after these issues are addressed.

The Board found that the veteran's lumbar spine disability was not incurred or aggravated by service, and is not secondary to his service-connected right knee disability.

The Board has determined that the veteran's lumbar disc disease with lumbosacral strain and arthritis warrants a 40 percent rating since September 23, 2002 due to incapacitating episodes having a total duration of at least four weeks but less than six weeks during the past twelve months.

The Board denied an initial rating higher than 10 percent for the veteran's degenerative disc disease of the lumbar spine with disc bulging and chronic lumbosacral strain, finding that her symptoms did not warrant a higher rating based on the criteria at the time.

The Board found that the veteran's low back disability was not incurred in or related to service, and thus denied his claim.

The veteran withdrew his appeals on all issues related to the initial ratings for low back strain, right knee sprain, left ankle sprain, right ankle sprain, and migraine headaches.

The Board has determined that the veteran's claimed conditions, including right shoulder disability, left shoulder disability, back disability, residuals of right thumb injury including scar, and depression, were not incurred or aggravated during military service. The evidence does not support a finding of direct service connection for these conditions.

The veteran's left knee and right knee disabilities have been granted service connection, but the initial ratings assigned are less than what is warranted based on the evidence of record.,For his low back disability, a staged rating has been awarded from March 17, 2005.

The veteran's appeal is being remanded for further examination and opinion regarding his low back disorder, left knee disorder, and right knee disability. The claims will be reconsidered based on the new evidence.

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

The Board has determined that the veteran's service-connected back disability warrants a 40 percent rating for limitation of motion and separate 20 percent ratings for radiculopathy of both lower extremities.

The veteran's spondylolisthesis of the lumbar spine is currently rated at 20 percent, which reflects severe limitation of motion in his low back.

The veteran's appeal is being remanded for further evaluation and consideration of his claims due to the need for additional medical records and examinations.