Back / lumbar spine decisions — 2007

The veteran's low back disorder does not warrant more than a 20 percent rating for orthopedic impairment, but it does warrant a separate 10 percent rating for neurological impairment in the left lower extremity.

The VA denied an increased rating for the veteran's mechanical low back strain with degenerative joint disease, currently rated at 40 percent. The claimant also sought service connection for a psychiatric disability secondary to his back condition, but this issue was not addressed in the decision.

The Board of Veterans' Appeals has remanded the case for additional development, including obtaining medical records and arranging for a VA examination to determine if the veteran's low back disorder is related to his service-connected bilateral pes planus.

The veteran's angiodysplasia was found to be aggravated by the use of NSAID medications for his service-connected back and foot pain.,Service connection for degenerative joint disease and degenerative disk disease of the lumbar spine was granted, effective from September 28, 2005.

The Board found that the veteran's cervical and lumbar degenerative disc disease was not present in service, did not manifest to a compensable degree within one year after separation from service, and is not related to or aggravated by a service-connected disability. Therefore, service connection for these conditions cannot be granted.

The veteran's combined rating for service-connected disabilities has never reached 70 percent and there is insufficient evidence that the service-connected disabilities render him unable to secure or follow a substantially gainful occupation. Therefore, TDIU is denied.

The Board denied service connection for back and neck disabilities, finding that the veteran's current conditions are not related to his military service.

The veteran's cervical degenerative disc disease is not service-connected and his lumbosacral strain with herniated nucleus pulposus, L5-S1, does not warrant a higher disability rating.

The veteran's low back disability was rated at 20 percent effective from May 20, 1999.

The Board denied the veteran's claims for service connection for gastroesophageal reflux disease and initial increased disability ratings for his right foot injury, degenerative disc disease of the thoracic spine, and adjustment disorder with a mixed mood. The appeals were not about service connection at all.

The Board has determined that the veteran's back disorder was incurred in service, and thus granted service connection.

The veteran's service-connected chronic low back disability is severe and characterized by recurring attacks with intermittent relief. However, it does not meet the criteria for a higher rating as it does not result in persistent symptoms compatible with sciatic neuropathy or significant neurological findings.

The Board denied the veteran's attempts to reopen his claims for service connection for a low back disorder and right foot disorders, as well as his claim for a left knee disorder. The veteran's kidney condition was also not granted a compensable evaluation.

The VA determined that the veteran's low back disability does not warrant a rating higher than 20 percent, as it only manifests with degenerative changes and moderate limitation of motion.

The veteran's claims for service connection and increased ratings were denied. The Board found no evidence of a left knee disorder related to service or service-connected conditions, and the lumbosacral strain and left clavicle fracture residuals did not meet criteria for higher ratings.

The Board found that the veteran's low back disability, which has been rated at 20 percent under Diagnostic Code 5295 (lumbosacral strain), does not warrant a higher rating as her symptoms do not meet or approximate the criteria for a higher evaluation.

The veteran's claims for higher ratings for degenerative disc disease of the lumbar spine, degenerative joint disease of the right knee, and reflux esophagitis were denied.,Specifically, the RO found that the evidence did not support a rating in excess of 10 percent for any of these conditions.

The veteran's claims for increased ratings and TDIU have been remanded by the Board due to scheduling issues.

The Board has determined that the veteran's low back disability is proximately due to or the result of his service-connected left ankle disability, and thus grants service connection for this condition on a secondary basis.

The Board has remanded the case for further development due to a need for an orthopedic examination and review of service medical records.