Back / lumbar spine decisions — 2007

The Board has granted a 20 percent disability rating for the veteran's service-connected lumbar strain with arthritis and disc disease, but denied entitlement to a compensable disability rating for his service-connected hemorrhoids.

The Board has denied the veteran's claims for service connection for right shoulder disability and low back disability, finding no evidence of such disabilities in service or until decades after service. The claim for PTSD is remanded due to insufficient information regarding its etiology.

The Board has decided to remand the case for further action, including providing proper notification and assistance in obtaining evidence.

The veteran died of chondrosarcoma, and the Board is remanding the case for further development to determine if his service-connected conditions contributed to his death or accelerated it.

The Board has determined that the veteran does not have a current low back disorder or psychiatric disorder that began during service and is not related to service. As such, service connection for these conditions is denied.

The veteran's low back disability is currently rated at 40 percent, the highest available under current rating criteria. The claim for TDIU was denied as his service-connected condition does not render him unemployable.

The veteran's appeal is being remanded for further development of his medical records and consideration of his claim.

The Board has determined that the veteran's low back disability, diagnosed as degenerative disc disease of the lumbosacral spine, was not incurred in or aggravated by service.

The veteran's lumbosacral strain was initially rated at 10 percent prior to September 16, 2002 and then increased to 40 percent from September 16, 2002. The appeal is mixed as some issues were granted (increased rating) while others remain unresolved.

The Board has determined that the veteran's claimed hip, ankle, and back disabilities were not incurred or aggravated during his active service. The evidence does not support a finding of direct service connection for these conditions.

The Board has determined that the veteran's service-connected disabilities do not preclude him from securing and following substantially gainful employment, thus denying his claim for a TDIU.

The Board has determined that the veteran's service-connected low back disability warrants a 40 percent rating, which is in excess of the current 20 percent rating. The criteria for this increased rating are met based on the functional limitations described.

The VA determined that the veteran's lumbosacral strain did not warrant a rating higher than 10 percent prior to June 29, 2006 and increased it to 20 percent thereafter. The current level of disability does not meet or approximate criteria for a higher evaluation.

The Board has denied the veteran's claims for service connection of neck, back, and knee disabilities. The claim for hearing loss was not reopened due to lack of new and material evidence.

The Board has determined that the competent and probative medical evidence of record is against a finding that the veteran's current disabilities are related to his military service.

The Board has granted an initial disability rating of 60 percent for the veteran's degenerative disc disease of the lumbar spine with herniated nucleus pulposus L5-S1, effective from June 1, 2000.

The Board found that the veteran's pre-existing Scheuermann's disease did not undergo aggravation or increase in disability during active service, and his present back disability is not otherwise shown to be etiologically related to active service. Therefore, the claim for service connection for Scheuermann's disease/back disorder was denied.

The Board denied the veteran's claims for service connection for arthritis of the lumbar spine and an increased evaluation for residuals of a cervical compression fracture with post-operative residuals of a spinal fusion. The veteran's lumbar disorder was not shown to be incurred in or aggravated by active military service, and his cervical spine disability did not meet the criteria for a higher rating under the applicable VA rating criteria.

The veteran's lumbosacral strain and history of scoliosis have not been shown to meet the criteria for a higher initial evaluation beyond the currently assigned 20 percent rating.

The Board finds that the veteran does not have shin splints of the right or left lower extremities related to active military service.,The Board also finds that the veteran's back disorder, including arthritis, is not related to active military service.