Back / lumbar spine decisions — 2007

The Board has determined that the veteran's degenerative disc disease and degenerative joint disease of the cervical spine were not incurred or aggravated in active service, and arthritis may not be presumed due to a lack of evidence showing onset within one year after separation from service.

The veteran's claim for a disability rating in excess of 20 percent for his thoracolumbar spine impairment, to include limitation of range of motion, from September 26, 2003 to September 6, 2005, is denied.

The Board denied the veteran's claims for a higher rating for his low back disorder and TDIU, finding that he did not meet the criteria for either a higher rating or TDIU based on service-connected disabilities.

The Board has determined that the veteran's degenerative disc disease, L5 to S1, was not incurred in or related to active military service and therefore denied his claim for service connection.

The Board has granted service connection for headaches, finding that the veteran's headaches began during service and have continued since then. Service connection was denied for low back disorder.

The Board has determined that the veteran does not have a current diagnosis of impotence, back disorder with arthritic changes, or kidney disorder. The evidence does not support service connection for any of these conditions.

The Board has decided both issues, finding that new and material evidence has been received to reopen the claim for service connection of residuals of multiple laminectomies of the lumbar spine. The issue of PTSD was not addressed in this decision.

The VA determined that your service-connected degenerative post-traumatic osteoarthritis of the low back does not warrant a higher initial evaluation than 40 percent.

The veteran's service-connected low back strain is not manifested by symptomatology that warrants a rating in excess of 20 percent.

The VA denied the veteran's claim for an initial evaluation in excess of 20 percent for his service-connected low back disability, effective January 23, 1997.

The Board has determined that the veteran is unable to secure and follow a substantially gainful occupation due to his service-connected low back disability, which prevents him from performing physically-demanding jobs. As such, the veteran's claim for a total rating based on individual unemployability is granted.

The veteran's claims for increased disability ratings and service connection were denied. The VA rating schedule does not provide for an evaluation higher than 10 percent for bilateral tinnitus, which the veteran already has a 10 percent rating.

The Board has remanded the case for further development due to new evidence and future medical appointments. The veteran's claim of a disability rating in excess of 40 percent for his service-connected lumbar fusion with screw fixation and bone graft at L5-S1 will be reconsidered.

The Board denied the veteran's claim for service connection for a back disorder, finding that there was no evidence to support a link between her current condition and active service.

The veteran's lumbar strain is currently evaluated at 20 percent, but the evidence does not support a higher rating based on severe lumbosacral strain or other criteria.

The Board has determined that there is no evidence of a current disability related to service for either the back condition or the neurological condition, and thus denied both claims.

The Board found that the veteran's service-connected left knee disorder does not meet or nearly approximate the criteria for a rating in excess of 20 percent. The claims for increased ratings and service connection were denied as there was no evidence of ankylosis, dislocation, instability, or other disabling conditions warranting higher ratings under applicable VA regulations.

The Board has determined that the appellant does not have a current disability for any of the claimed conditions, and there is no evidence to support a connection between service and these disorders. As such, the claims are denied.

The veteran has withdrawn his appeal for all service connection claims.

The Board has determined that the veteran's fungus/skin disorder of the toes and low back disorder, to include degenerative disc disease, were not incurred in or aggravated during his periods of active military service.