Back / lumbar spine decisions — 2007

The veteran's service-connected disabilities do not preclude him from securing or following substantially gainful employment, and the Board finds that he is not unemployable by reason of his service-connected disabilities.

The veteran's lumbosacral spine disability is granted, and the cervical spondylosis with stenosis claim is pending. Secondary service connection for peripheral neuropathy and erectile dysfunction are also pending.

The veteran's claims for service connection were denied. The initial compensable rating claim was also denied.

The veteran's PTSD claim was reopened and granted, but his back disability claim was denied.,The veteran has been diagnosed with PTSD and the in-service stressors are considered to be related to service.

The VA has denied an increased evaluation for the veteran's degenerative disc disease of the lumbar spine, currently rated at 20 percent.

The Board has determined that the veteran's low back strain, which was granted service connection for in December 2002 and rated at 20 percent since then, does not warrant a higher rating based on current evidence of record. The medical evidence shows moderate limitation of motion without severe impairment.

The Board has remanded the claims for further development and review. The veteran seeks service connection for various conditions, including migraine headaches, a right knee disability, duodenal ulcer, allergic rhinitis, left knee disability secondary to right knee disability, and back disability secondary to right knee disability.

The Board denied the veteran's claims for service connection for back and bilateral leg disorders, as well as his request for an increased rating for left inguinal hernia residuals. The evidence did not support these claims.,The VA records do not document any in-service injury that could be linked to the veteran's current complaints of back pain or bilateral leg pain.

The veteran's low back disability is not rated higher than 60 percent due to the absence of specific neurological impairment or ankylosis, and his condition does not meet criteria for a rating in excess of 60 percent under any other provisions.

The Board finds that the preponderance of evidence is against a finding that the veteran's current low back disorder is causally related to his period of active service, and thus denies service connection for this condition. The claim for an increased rating for headaches and blurred vision remains on appeal.

The veteran's PTSD is rated at 50 percent, but his TDIU and tinnitus claims were denied.

The Board denied the veteran's claim for service connection for a back disability, finding that there was no evidence linking his current condition to service or within one year of separation from active duty.

The Board has granted a disability rating of 60 percent for the veteran's service-connected lumbar strain with development of degenerative disc disease, post-operative left L4-5 disc herniation, and posterior spurs impinging on the spinal canal.

The Board has remanded the claims for service connection due to insufficient notice and development, including informing the veteran of what evidence is needed to reopen his claims.

The Board denied the veteran's claims for service connection for a back disorder and residuals of a head and neck injury, finding that her Scheuermann's disease was preexisting and not shown to be aggravated by service. The back disorder is presumed to have existed prior to service.

The VA determined that the veteran's service-connected low back disability alone does not render him unemployable, as other disabilities and factors limit his ability to work.

The veteran's increased rating claim for his service-connected low back disability was granted, with a 60 percent rating effective from August 6, 2004. The issue of whether separate neurological ratings should be assigned remains in appellate status.

The Board has determined that the veteran's PTSD was not incurred in or aggravated by military service, and thus denied his claim for service connection.

The veteran's low back disorder is manifested by severe intervertebral disc syndrome with recurrent intermittent relief and characteristic pain, warranting a 40 percent schedular rating.

The Board denied the veteran's claims for service connection for residuals of injuries to his low back and neck, as well as a right shoulder disorder and bilateral hearing loss. The evidence submitted did not meet the criteria for reopening the claims, and the veteran failed to report for necessary medical examinations.