Back / lumbar spine decisions — 2007

The Board has determined that the veteran's lumbar spine and right hip disorders are aggravated by his service-connected left and right knee disabilities, warranting service connection for these conditions.

The Board has determined that the veteran's low back disability warrants a 40 percent rating effective from May 7, 2004. The condition is characterized by severe limitation of movement and does not meet criteria for higher ratings based on incapacitating episodes or neurologic manifestations.

The Board found no current left knee disability and denied service connection for the veteran's claimed left knee disability. The low back disability was also reviewed, but as there is a lack of competent evidence of a current diagnosis, the claim remains denied.

The Board has determined that additional evidentiary development is required in the case of the veteran's service-connected low back disorder, and thus remands the matter for further action.

The RO has denied the veteran's claim for a higher rating for his L5-S1 spondylolisthesis with degenerative disc disease, finding that the evidence does not support an increase beyond the current 20 percent rating.

The Board denied the veteran's claims for increased ratings and TDIU, finding that his service-connected lumbosacral derangement with hypertrophic arthritis of the thoracolumbar spine is currently manifested by forward flexion to less than 30 degrees due to pain and dysfunction.

The Board has reopened the veteran's claim for service connection for a spinal disorder diagnosed as DDD and ankylosing spondylitis. The claims of entitlement to service connection for gastroesophageal reflux esophagitis, residuals of injuries to the right arm and elbow, and increased rating for residuals of injury, fifth segment of sacrum with sprain of the sacroiliac joint are being remanded for further development.

The Board has remanded the case for compliance with a joint motion to remand, which requires VA to provide an adequate medical examination and consider whether the veteran's back disability warrants an additional 10 percent rating under former Diagnostic Code 5285 for a demonstrable deformity of a vertebral body.

The Board denied the veteran's claims of service connection for an upper back disorder secondary to his left elbow disability and a claim for an increased rating for bilateral tinnitus, finding that there was no causal link between these conditions. The veteran's current upper back disorder is rated at 10 percent under Diagnostic Code 6260.

The VA determined that the veteran's back disability is not related to his service or a service-connected condition, and thus denied his claim for service connection.

The Board has determined that the veteran's low back disorder was not incurred in or aggravated by service, and is not proximately due to or the result of a service-connected disorder. As such, the claim for service connection is denied.

The Board denied an evaluation in excess of 20 percent for the service-connected right shoulder impingement and lumbosacral strain.,Both conditions are currently rated at their maximum allowable evaluations.

The veteran's degenerative joint disease in the lumbar spine is rated at 10 percent, effective from April 2006. A separate rating of 10 percent for left lumbar radiculopathy is granted.

The Board has ordered the VA to verify the appellant's dates of inactive duty for training (INACDUTRA) in March and April 1973, as this information is necessary to determine if his back disability was incurred during service. The case will be returned to the RO for further development.

The Board has denied the veteran's claims for service connection for a heart disability and increased ratings for his back and conversion reaction disabilities due to lack of evidence linking these conditions to his military service.

The veteran's service-connected lumbosacral disability has been manifested by painful motion resulting in a range of motion of, at worst, forward flexion to 60 degrees, extension to 20 degrees, lateral flexion to 20 degrees bilaterally and rotation to 25 degrees bilaterally with arthritic changes at L5-S1. The criteria for an evaluation greater than 20 percent are not met.

The Board denied the veteran's claims for an initial rating higher than 10 percent for chronic lumbar strain and tinea versicolor, finding that the disability did not meet or approximate the criteria for a higher rating under either the old or new VA rating criteria.

The Board has denied the veteran's claims for an increased rating for his gunshot wound to the left thigh and service connection for post traumatic stress disorder. The case is remanded for further development.

The veteran's appeal is being remanded for the VA to obtain relevant medical records and conduct a physical examination. The case will be returned to the Board after further development.

The Board denied the veteran's claims for service connection for a back disorder and optic neuritis, as well as his requests for increased evaluations for left foot pes planus and right shoulder disability with scar. The initial evaluation of the left foot pes planus was granted at 20 percent.