Back / lumbar spine decisions — 2007

The Board has determined that the veteran's chronic low back disability did not have its onset during active military service and therefore denied his claim for service connection.

The Board has granted a disability rating of 60 percent for service-connected lumbosacral strain and lumbar disc disease, effective from the date of the decision. The veteran's residuals of injury to the skull with blackouts are rated at 20 percent. Service connection is in effect for these conditions, resulting in a combined rating of 70 percent.

The Board found that the veteran's current low back disability and degenerative joint disease of the lumbar spine were not incurred in service, and denied both his claim for service connection and his request for an increased rating.

The veteran's claims for increased ratings for his service-connected low back disability, paracervical strain, and post-traumatic headaches were denied as the evidence did not meet the criteria for an evaluation in excess of 20 percent.

The Board denied the veteran's claim for a rating in excess of 40 percent for his thoracolumbar spine disability, effective from February 21, 2001. The RO had previously increased the evaluation to 40 percent effective that date.

The Board granted service connection and a 20 percent initial rating for low back pain with right leg radiculopathy, effective March 9, 2000. The veteran's appeal is now on whether the current rating of 20 percent should be increased.

The Board determined that the veteran does not have a back disability related to his military service and found that he is not unemployable due to service-connected disabilities. The claim for service connection was denied, while the TDIU claim was also denied.

The veteran's disability due to osteoarthritis of the lumbar spine with a bulging disc is not manifested by pronounced intervertebral disc syndrome, ankylosis of the entire thoracolumbar spine, or incapacitating episodes requiring bed rest prescribed by a physician. Therefore, his claim for a higher rating is denied.

The Board denied the veteran's claims for increased ratings for his left knee and back disabilities, finding that the evidence did not warrant an increase in rating from January 6, 1989 or April 9, 1992.

The Board has determined that the veteran's lumbosacral strain does not warrant a higher disability rating, as it does not meet the criteria for a higher evaluation under either the old or new VA Schedule for Rating Disabilities.

The Board has remanded the case for additional development to determine if the veteran's low back disability is related to his service-connected right knee disability.

The Board has reopened the claim for service connection for a back disability and granted it on the merits, finding that there is evidence of a current thoracolumbar spine disability causally linked to an in-service injury.

The VA denied the veteran's claims for higher initial ratings for his service-connected cervical spine disability and allergic rhinitis with sinusitis, finding that the evidence did not warrant a rating in excess of 20 percent.

The veteran's appeal is being remanded for additional development to address the issues of service connection for thoracic and lumbar degenerative disc and joint disease, as well as cervical degenerative disc and joint disease. The case will be reviewed again after the additional development.

The Board has determined that the veteran's character of discharge from his second period of service is a bar to receiving VA benefits for this period, and thus denied all claims on appeal.

The Board has granted the veteran's claims for service connection for a left knee disability and an increased rating for her low back syndrome. The left knee disability is found to be secondary to her service-connected left ankle disability, while the low back syndrome warrants a 10 percent rating based on its symptoms.

The Board has reopened the veteran's claim for service connection for a low back disability, but it is being REMANDED to the RO for further development and an examination.

The Board has reopened the veteran's claim of service connection for a back condition, as new and material evidence has been received. However, the Board found that there is no relationship between the veteran's current low back disorder and his period of active military service.

The Board has determined that the veteran's degenerative disc disease of the lumbar spine is related to his active duty service and grants the claim.

The veteran's PTSD is currently rated at 50 percent, which is the maximum schedular rating available. The lumbosacral strain with sacroiliac strain has been granted an initial 20 percent disability rating.