Back / lumbar spine decisions — 2007

The veteran's claim for a rating in excess of 40 percent for low back disability was denied because he failed to report for a VA examination scheduled to determine his entitlement to this benefit.

The Board has determined that the veteran's lumbosacral strain does not warrant a rating in excess of 10 percent, as his current range of motion and overall disability do not meet the criteria for higher ratings under the applicable diagnostic codes.

The Board has determined that the veteran's current back disorder, diagnosed as lumbar strain with lumbar disk disease, was not incurred in or aggravated by active service.

The Board granted service connection for lumbar spondylosis and assigned a non-compensable initial evaluation, which was later increased to 10 percent effective January 31, 2000.

The Board denied the veteran's claims for service connection for low back disorders and right ankle disorders, finding no evidence of in-service injury or disease that could be linked to current conditions.

The veteran's claim for an increased rating for his service-connected postoperative herniated nucleus pulposus of the lumbar spine is being remanded due to a lack of recent medical evidence and need for further examination.

The Board has determined that the veteran's post-operative residuals are not caused by VA carelessness, negligence, or lack of proper skill. The Board finds no fault on the part of VA and concludes that the additional disability was not unforeseeable.

The Board has granted service connection for bilateral knee strain and found that the veteran's lumbosacral strain with degenerative joint disease does not warrant a compensable evaluation.

The Board has reopened the claim for service connection for a low back disability. However, the claim for service connection for a respiratory disability due to asbestos exposure is denied.

The veteran's initial evaluations for his low back disability, sinusitis, and headaches were denied. The Board found that the evidence did not support a higher rating based on functional loss or incapacitating episodes.

The veteran's claims for increased evaluations and a TDIU are being remanded due to the need for additional medical examinations and records.

The veteran's claim for increased ratings for low back disability and bilateral tinnitus was denied. The veteran is currently rated at 10 percent for his service-connected bilateral tinnitus, which is the maximum schedular rating.

The Board has granted a rating of 20 percent for the veteran's low back strain and degenerative arthritis, effective March 31, 2005. The initial compensable rating for left plantar warts was also granted. However, the claim for service connection for Meniere's syndrome remains pending as it is not addressed in this decision.

The Board found that the veteran's pre-existing low back disorder was not aggravated during service, and thus denied his claim for service connection.

The Board has determined that the veteran's current low back disability is not related to his military service, and thus denied his claim for service connection.

The Board has determined that the veteran's right hip and low back disabilities are not related to his service-connected varicose veins of the left lower extremity, and therefore denied both claims for service connection.

The Board has granted service connection for PTSD, finding that the veteran's current diagnosis is related to his military service and stressors consistent with service.,The issue of entitlement to service connection for frozen feet was withdrawn by the veteran prior to a decision being made.

The Board has determined that there is no competent medical evidence of actinic keratosis. The veteran's right shoulder and low back disorders are service-connected, but the claim for actinic keratosis was denied.

The veteran's muscle strain of the low back is currently rated at 20 percent, which is the maximum rating under the current criteria. The veteran was granted service connection for degenerative joint disease of the lumbar spine. However, the issues regarding TDIU and service connection are pending.

The veteran's claims for service connection for a back condition with radiating pain into the legs, an initial rating in excess of 50 percent for PTSD, and for a TDIU on appeal are being remanded to the RO via the Appeals Management Center (AMC).