Back / lumbar spine decisions — 2007

The Board denied the veteran's claim for an earlier effective date for the grant of a total disability rating based on individual unemployability (TDIU) due to lack of jurisdiction and legal criteria not being met.

The Board denied the veteran's claims for service connection for left knee disorder and degenerative joint disease of the thoracolumbar spine, as well as his cause of death claim. The appeals were not granted due to lack of new and material evidence.

The Board denied a rating in excess of 10 percent for chronic lumbosacral strain prior to February 20, 2006.

The veteran's claims for increased ratings for his low back disorder and seborrheic dermatitis have been denied. The RO is directed to consider additional evidence submitted since September 1, 2006.

The veteran's appeal is remanded due to the need for additional medical records and examination.

The veteran's service connection for a gastrointestinal disability (hiatal hernia and GERD) has been granted. The veteran also received increased ratings of 20% each for varicose veins of the right and left lower extremities, effective from the date of his initial grant of service connection.

The Board found no evidence to support the veteran's claim that his current lower back disability with pinched nerves and right wrist fracture residuals are related to service. The claim for increased evaluation of the right wrist fracture residuals was denied as well.

The Board has remanded the claims for service connection, secondary service connection, and depression due to incomplete medical opinions regarding the relationship between the veteran's current conditions and his military service.

The Board has granted service connection for fibromyalgia and assigned a 40% rating effective from August 26, 2003. The issue of an earlier effective date for the low back disability is remanded.

The Board has denied the veteran's claims for service connection for bilateral pes planus, left ankle sprain, and hypertension/heart disease (now claimed as a heart murmur). The claims for degenerative joint disease of the left shoulder and residuals of in-service left great toe injury have been granted.

The Board denied the veteran's claim for service connection for lumbosacral strain with degenerative arthritis, finding that there was no competent medical evidence linking his current low back disability to his service-connected right knee disability.

The VA determined that the veteran's service-connected traumatic arthritis with limitation of motion of the lumbar spine warrants a 40 percent evaluation, effective from May 2004. The disability is characterized by forward flexion to 40 degrees with pain beginning at 30 degrees, extension to 30 degrees with no pain, bilateral lateral flexion and rotation to 40 degrees with no pain. There are no associated neurological abnormalities.

The Board has remanded the case for a hearing before a Veterans Law Judge at the RO and to consider whether new and material evidence has been received to reopen the claim of service connection for a low back injury.

The veteran's low back disorder is rated at 60 percent, the highest available rating under the old criteria for intervertebral disc syndrome. The right and left knee disorders are each rated at 10 percent.

The veteran's service connection claim for residuals of a right foot injury is granted. The Board also grants an increased rating to 60 percent for degenerative disc disease of the lumbar spine with hyperlordosis, effective from the date of the decision.

The veteran's claims for increased rating of bilateral weak foot disability, service connection for low back disorder and right knee disorder are being remanded due to the need for additional development.

The Board has determined that the veteran does not have a low back disability attributable to his active military service and therefore denies service connection for this condition. The hearing loss is currently rated as noncompensably disabling (zero percent), and the Board finds no basis to grant an increased rating.

The Board denied service connection for a back disorder, valvular heart disorder, and arthritis. The claim to reopen the issue of service connection for swollen joints was also denied as new and material evidence had not been submitted. The veteran's nasal fracture with nasal deformity was granted service connection but assigned a noncompensable rating.

The Board granted a 40 percent rating for the veteran's service-connected mechanical low back pain, effective from September 26, 2003. The other issues were not addressed as they are not currently before the Board.

The Board found that the veteran's thoracolumbar scoliosis existed prior to his active duty service and was not permanently aggravated by such service. The claim for non-service connected pension is withdrawn.