Back / lumbar spine decisions — 2007

The Board has determined that additional development is necessary before the claim for an increased disability rating for chronic low back pain, lumbar strain, mild osteoarthritis of the lumbosacral spine can be adjudicated.

The Board has reopened the veteran's claim of service connection for a low back disorder and is now considering it on its merits.

The veteran's low back disability was rated at 10 percent prior to February 22, 1990 and increased to 20 percent from February 22, 1990 through January 9, 2005. Effective January 10, 2005, the veteran is entitled to a 40 percent rating for his low back disability.

The Board found that the veteran has current disabilities of the right knee, left knee, and lumbar spine. The service connection for these conditions was granted based on direct evidence rather than a presumption or secondary to another condition.

The Board denied the veteran's claims for an increased rating for his service-connected lumbar spine disability and a TDIU, finding that the evidence did not meet the criteria for a higher rating under the applicable schedular criteria.

The Board has determined that there is no current diagnosed disability of the back, and thus cannot grant service connection for a low back condition as secondary to service-connected residuals of a right ankle fracture.

The Board has granted a rating of 20 percent for the veteran's service-connected lumbosacral strain with degenerative disc disease, effective June 17, 2005.

The Board denied the veteran's claim for service connection for lumbosacral strain, finding that there was no medical relationship between his diagnosed low back disorder and an in-service incident.

The veteran withdrew his appeal for an evaluation in excess of 20 percent for service-connected cervical strain, status post avulsion fracture of the cervical spine. The TDIU issue remains.

The veteran's appeal is being remanded for additional development due to conflicting medical evidence and the need for a comprehensive VA examination.

The Board has determined that the veteran does not have a current respiratory disorder, and there is no evidence of any chronic respiratory disorder in service. The low back disability was diagnosed as spinal bifida occulta at S1 during service. Service connection for diabetes mellitus and hypertension cannot be established due to lack of medical records linking these conditions to service.

The veteran's claims for service connection and initial compensable disability evaluations are denied. The Board finds no current disabilities from the claimed conditions.

The Board has determined that there is no evidence linking the veteran's current degenerative disc disease of the lumbar spine to his period of service or a service-connected disability, and thus denied the claim for service connection.

The Board denied the veteran's claims for initial compensable evaluations for his lumbosacral strain and fractured left clavicle, finding that the evidence did not meet the criteria for a compensable evaluation under either the old or new rating criteria.

The veteran is seeking service connection for multiple joint and back disorders, claiming they are related to an accident during his military service in December 1972. The case has been remanded due to the submission of new evidence that requires further development.

The veteran's asthma, chloracne, and peripheral neuropathy were not found to be related to service. Service connection for these conditions was denied. The veteran's tinnitus is currently rated at 10%.

The Board finds that the veteran's current low back disability is related to his military service, and grants service connection for this condition.

The Board has determined that the veteran's claimed low back and hip disorders are not service-connected, as there is no evidence linking these conditions to his military service or any incident therein.

The Board has remanded the case for further development, including a VA examination to distinguish symptoms and impairment due to service-connected low back strain from any nonservice-connected disc disease or injury. The claim for secondary service connection for disc disease of the lumbosacral spine is also being considered.

The Board has determined that the veteran's low and upper back disorders are not related to his military service, and thus denied these claims.