Back / lumbar spine decisions — 2007

The Board has determined that the veteran's service-connected disabilities did not cause or contribute to his death. The appellant's claim for service connection for the cause of the veteran's death is denied.

The Board denied an increased rating for mechanical low back strain with degenerative joint disease and decreased reflex of the bilateral lower extremities, as the evidence did not support a higher rating based on the veteran's symptoms.

The veteran's claims for service connection for chronic rhinitis, multilevel degenerative disc disease of the cervical spine, and a full thickness supraspinatus tear of the left shoulder were denied as there is no evidence linking these conditions to his military service.

The veteran's claim for an increased rating for his service-connected DDD and strain of the lumbosacral spine was granted, as were claims for earlier effective dates for service connection and SMC based on loss of use of both feet. The decision also addressed a separate issue regarding TDIU.

The veteran's service-connected lumbosacral strain and degenerative disc disease of the cervical spine have been rated at their maximum allowable evaluations (40% for each condition).

The Board denied the veteran's claims for increased ratings for his service-connected lumbosacral strain with spondylolisthesis at L5-S1, finding that there was no evidence to support a rating in excess of 10 percent from December 21, 1957, to July 12, 1985, and no evidence to support a rating in excess of 20 percent from July 13, 1985, to January 27, 1994.

The Board granted a rating of 20 percent for the veteran's lumbar spine condition prior to June 16, 2006 and increased it to 40 percent thereafter.

The Board has denied the petition to reopen a claim of service connection for a back disorder, finding that new and material evidence has not been received.

The Board has granted an increased rating of 30 percent for the veteran's service-connected bilateral pes planus, which represents a total level of disability.

The Board has determined that the veteran's current low back and stomach disabilities are not related to his active service.

The veteran's claims of service connection for hypertension and increased ratings for cervical and lumbar spine disabilities are being remanded due to the need for additional development. The claims of a compensable rating for headaches have been withdrawn as perfected.

The Board is remanding the claims for further development, including scheduling a VA examination to assess the etiology of the veteran's claimed conditions and their relationship to service.

The veteran's service-connected low back disability, manifested by severe but not pronounced intervertebral disc syndrome and limited forward flexion of the thoracolumbar spine to less than 60 degrees, warrants a 40 percent rating.

The VA denied the veteran's claim for an increased disability rating of 10 percent for his service-connected degenerative disc disease of the lumbar spine, finding that his symptoms did not warrant a higher rating based on the current medical evidence.

The Board denied reopening the claim for service connection for a back disability, but granted an increased rating to 10 percent for recurrent hemorrhoids. The decision is mixed as it addressed both issues.

The veteran's degenerative disc disease of the lumbar spine with radiculopathy is currently rated at 40 percent, which represents the maximum schedular rating available for this condition. The VA determined that his disability does not warrant a higher rating based on the current evidence.

The Board denied the veteran's claims for increased ratings and service connection, finding that there was no evidence of a current disability or in-service injury related to his claimed conditions. The right ankle disability was rated at noncompensable level due to full range of motion. The PTSD with secondary major depressive disorder was found to meet the criteria for a 30 percent rating.

The Board has reopened the veteran's claims for service connection for hypertension and a back disability, but denied these claims on their merits. The claim for service connection for a bilateral foot condition is REMANDED to the RO.

The Board has determined that additional development is necessary due to the veteran's recent allegation of a back injury during service. The case is REMANDED for obtaining specific information regarding the alleged injury and providing the veteran with an examination.

The Board denied the veteran's request for an earlier effective date for his service-connected lumbar disc disease, L5-S1, with stenosis and degenerative joint disease rating. The effective date was determined to be October 30, 2002.