Back / lumbar spine decisions — 2007

The veteran's asthma is currently rated at 30 percent, and the evidence does not support a higher rating.,The veteran's hemorrhoids are currently rated at 0 percent, and there is no evidence of a compensable evaluation.

The veteran's right knee injury, instability, lumbosacral strain, and thoracic spine strain have been rated at a 20 percent disability level since September 1, 2004. The current rating is based on the presence of periarticular pathology productive of painful motion in the right knee.

The Board has remanded the issues of whether new and material evidence has been received to reopen claims for service connection for hypertension, a back disorder, left knee disorder, and right knee disorder. The RO is instructed to consider these reopened claims.

The Board denied the veteran's claims for service connection for back disability with neurological impairment in the right leg, hypertension, pleural thick thickness, and bilateral hearing loss. The Board found that these conditions were not incurred or aggravated by active service.

The Board has denied the veteran's application to reopen his claim for service connection for a low back disorder, finding that no new and material evidence was received.

The Board has restored the veteran's 40 percent rating for chronic low back strain with degenerative changes, finding that the reduction to a 10 percent rating was not warranted by a preponderance of the evidence.

The veteran's claims for increased ratings for degenerative arthritis of the lumbar spine and left shoulder arthralgia were granted, with a rating of 40 percent for the lumbar spine effective prior to November 22, 2005.

The Board has determined that the veteran's claimed cervical spine and lumbar spine disabilities were not incurred in service, nor are they related to his service-connected diabetes mellitus. The veteran's hypothyroidism and hypertension have also been found not to be related to service or any service-connected disability.

The Board denied the veteran's claims for service connection for back disorder, PTSD, migraines, and dizziness. The evidence did not establish a current diagnosis of PTSD or show that any claimed conditions were incurred in service.

The veteran's lumbar spine condition was rated at 10 percent prior to January 5, 2005 and since then has been rated at 20 percent.,The veteran's GERD is currently rated at 10 percent. The veteran's left hip strain remains rated at 10 percent.

The Board denied the veteran's claims for service connection for nasal, throat, eye, neck, and low back disabilities.

The Board found no evidence of a low back disorder in service and denied the claim for service connection.

The Board found that the current 60 percent rating for the veteran's service-connected low back disability is the maximum allowed, and thus denied a higher rating.

The Board found that the veteran's pre-existing lumbar spine condition existed prior to service and was not aggravated during service. As a result, the claim for service connection for thoracic and lumbar back pain is denied.

The Board has determined that the veteran's current low back disability was not incurred in or aggravated by service and is not related to a disease or injury in service. The preponderance of evidence does not support a finding of service connection.

The Board has determined that there is no competent medical evidence showing the veteran has a current neck, back, or hip disorder. Therefore, service connection for these conditions cannot be granted.

The Board has remanded the case for further development due to new evidence received after the last decision.

The Board denied a rating in excess of 60 percent for the veteran's service-connected lumbar strain with degenerative joint and disc disease, finding that the current evaluation accurately reflects the severity of his disability.

The Board has determined that the earliest possible effective date for the grants of service connection is January 24, 2001. The veteran's claim was received on this date and thus no earlier effective date can be granted.

The Board has remanded the case for further development, including verification of stressors related to PTSD and obtaining medical records from VA facilities. The veteran's service-connected lumbar and cervical spine disorders are also being evaluated.