Back / lumbar spine decisions — 2007

The Board has remanded the case for additional development due to a need for medical examinations and records from Social Security Administration.

The veteran's claims for increased ratings and extensions of temporary total evaluations have been denied. The Board found no evidence of ankylosis or vertebra fracture, which are required for a rating in excess of 60 percent under the old and new criteria pertaining to lower spine disorders.

The veteran's service-connected tinnitus is already receiving the maximum disability rating available under Diagnostic Code 6260, and therefore no further increase in evaluation is warranted.

The VA determined that the veteran's mild degenerative discogenic changes at L5-S1, with disc space narrowing, does not warrant a higher disability rating than the current 10 percent evaluation.

The veteran's claim for an evaluation in excess of 20 percent for his service-connected lumbosacral strain with degenerative joint disease of the lumbar spine is being remanded due to a need for additional VA examination and consideration of recent treatment records.

The veteran's desmoid tumor of the right pelvis is currently rated at 10 percent, and her TDIU claim was denied as her combined disability rating does not meet the schedular requirement for consideration under 38 C.F.R. § 4.16(a).

The Board has remanded the veteran's claims for service connection due to insufficient evidence regarding his periods of active duty and Reserve service, as well as the nature and onset of his claimed conditions.

The Board has denied the veteran's claims for service connection for a back disorder and hypertension, finding that there is no credible evidence linking these conditions to his military service.

The Board has granted the veteran's motion to advance his appeal and remanded issues of service connection for a low back disorder, left hand disorder, right wrist disorder, bilateral elbow condition, and bilateral thumb disorder. The claims for reopening were also granted.

The veteran's service connection claims for residuals of a Cesarian section (C-section), recurrent sinusitis, recurrent rhinitis, lumbar strain, and hypertension have been granted.

The Board granted a higher initial disability rating of 20 percent for the service-connected intervertebral disc syndrome (IVDS) of the lumbar spine, effective from November 1, 2001.

The Board denied an initial rating higher than 20 percent for lumbosacral strain, finding that the veteran's condition did not meet criteria for a higher rating based on current VA rating criteria.

The Board found that the veteran's current low back, left knee, and right ankle disabilities are not related to his active military service.

The Board has remanded the case to the RO for further proceedings consistent with a Joint Motion, including compliance with VCAA and obtaining additional evidence.

The Board denied the veteran's claims for service connection for numbness of feet and an increased rating for lumbosacral strain, finding that there was no evidence to support these claims. The veteran's numbness in his feet was not related to his service-connected tinea pedis or lumbosacral strain, and his lumbosacral strain did not meet the criteria for a higher rating.

The Board has determined that the veteran's left ankle and back disabilities were not incurred in service, as evidenced by his service medical records contradicting his account. The claim for service connection is denied.

The veteran's claims for service connection for compression fracture of the lumbosacral spine at L5, status post scleral buckles/bilateral retinal detachment/diplopia, glaucoma, and visual impairment have all been denied as not related to active service or service-connected disability.

The veteran's claims for increased evaluations and TDIU were denied. The lumbar spine disability was granted a separate evaluation for mild incomplete sciatic nerve paralysis, left lower extremity through June 2, 2003.

The veteran's claim for service connection for hypertension and an increased rating for his low back disability were both denied by the Board. The veteran was not shown to have had hypertension during service or within a presumptive period, nor did he meet the criteria for a higher rating under the current VA rating criteria.

The Board denied the veteran's claims for increased ratings and service connection, finding that new evidence did not establish a current disability or link to his service-connected right knee disability.