Back / lumbar spine decisions — 2007

The Board has determined that the veteran's bilateral ankle sprains, patellofemoral pain syndrome, and lumbar strain with spondylosis are proximately due to or the result of his service-connected pes planus.

The veteran's claims for increased ratings for his lumbar spine and right leg disabilities are being remanded due to the need for additional examinations and consideration of new evidence.

The Board has determined that the veteran's claimed bilateral hip and upper back disabilities are not related to her military service, and thus denied both claims.

The Board denied the veteran's claims for increased ratings for his service-connected degenerative joint disease of the right and left knees, as well as low back strain. The RO initially assigned a combined 20 percent evaluation based on separate 10 percent evaluations for each knee and low back strain. However, the Board found that the evidence did not support higher ratings under the applicable diagnostic codes.

The Board has granted a 60 percent evaluation for traumatic arthritis with degenerative disc disease of the lumbar spine effective February 27, 2002.

The Board granted service connection for lumbosacral spine disorder and assigned a 20% rating effective May 16, 2006. The right leg radicular symptoms were rated at 10% from September 23, 2002 to May 16, 2006 and at 40% thereafter.

The Board has determined that additional development is needed to address the service connection claims for various disabilities, including those secondary to left ilioinguinal nerve entrapment. The appeal will be remanded to allow for further examination and consideration of all theories of entitlement.

The veteran's claims for increased evaluations of his cervical spine, lumbar spine, and right wrist carpal tunnel syndrome disabilities were denied by the Board. The conditions are service-connected under a direct theory.

The Board found that the veteran's degenerative changes of the lumbar spine, status post fusion at L1-2 and L2-3 were not caused by a slip and fall incident at the VA domiciliary in September 2000. The claim was denied as there was no evidence showing fault on the part of VA or an unforeseeable event.

The Board found that the veteran's neurological condition (manifested by low back pain and numbness) is not due to his service-connected disability of left side Muscle Group XVII shrapnel wound damage. The PTSD claim was also denied as it did not meet the criteria for a higher initial rating.

The veteran's claims for increased evaluations for his low back disability, right knee strain, and tinea pedis with onychomycosis and tinea versicolor were denied. The evidence did not meet the criteria for a higher evaluation under any applicable rating codes.

The Board granted an initial evaluation of 40 percent for the service connected lumbosacral strain from August 4, 1997 to October 27, 1998.

The veteran's service-connected degenerative disc disease of the lumbar spine is currently rated at 40 percent, which does not meet his claim for a higher evaluation. The Board also found that he is not unemployable due to his service-connected disability.

The Board has determined that additional evidence is needed to fully and fairly consider the veteran's claims, including VA treatment records from other facilities and information regarding his service in Vietnam.

The Board has reopened the veteran's claim for service connection for a thoracolumbar spine disability, to include degenerative disc disease. The evidence supports that this condition is causally linked to his parachute jumps during active duty.

The Board has determined that the veteran's character of discharge for a period of service extending from November 9, 1996 to November 27, 2001 constitutes a bar to VA compensation benefits. The claims for service connection for residuals of a broken left leg with a metal plate and six screws, a left hip disorder, and a low back disorder have been denied as these conditions are not related to the veteran's period of active service extending from November 1993 to November 1996.

The Board has denied the veteran's applications to reopen his claims of entitlement to service connection for back and groin disabilities due to lack of new and material evidence.

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

The Board found that the veteran's left leg, right knee, left knee, and low and mid back disorders were not incurred in or aggravated by military service and are not proximately due to or the result of a service connected disability.

The veteran's claims for service connection and evaluation are being remanded due to the submission of additional arguments and evidence. The RO will review these matters and issue a Supplemental Statement of the Case if necessary.