Back / lumbar spine decisions — 2007

The veteran has withdrawn her appeals for the increased ratings claims related to favorable ankylosis of the lumbar spine, patellofemoral syndrome of the left knee with osteoarthritis, patellofemoral syndrome of the right knee, and residual scars of the lumbar spine.

The Board has reopened the veteran's claim of service connection for a back condition due to the submission of new and material evidence, including a November 2003 opinion from a non-VA chiropractor that suggests a relationship between the veteran's current disability and his service.

The Board has determined that the veteran's low back disability was not incurred in or aggravated by active military service, nor is it related to any service-connected disability. The left knee osteoarthritis is currently evaluated as 10 percent disabling and a higher rating is denied.

The Board has determined that the veteran's service-connected intervertebral disc disease of the lumbar spine warrants a disability rating of 20 percent, reflecting moderate intervertebral disc syndrome with recurring attacks. The TDIU claim is also granted.

The Board has remanded the case due to missing VA Agent Orange protocol examination report and private medical records, as well as a need for supplemental statement of the case.

The veteran's claim for a higher rating for his service-connected lumbosacral strain is being remanded due to the need for additional development, including VCAA notice and a VA examination.

The veteran's appeal for increased ratings and TDIU was denied. The right foot disability is currently rated at 30 percent, while the lumbar spine disability remains at 20 percent.

The veteran's low back disability and left leg atrophy are found to be related to service, resulting in the grant of service connection for these conditions. The TDIU claim is deferred pending resolution of the other issues.

The veteran's claims for service connection for PTSD, right shoulder degenerative changes, right knee retropatellar pain syndrome, and lumbosacral spine strain have been granted. The effective dates for these grants are October 25, 2002, June 7, 2003, and June 7, 2003, respectively.,The veteran's claim for service connection for PTSD remains pending.

The veteran's claims for increased rating of his low back disability, service connection for depression, and TDIU were denied. The Board found that the current medical evidence did not support a higher rating for the low back disability or service connection for depression.

The Board has determined that the veteran's low back disability is proximately due to or the result of his service-connected bilateral knee replacements, and thus grants service connection for this condition.

The Board has remanded the case for additional development due to outstanding medical records.

The Board has reopened the veteran's claims for service connection for neck, back and right shoulder disorders. However, further development is needed to determine the etiology of these conditions and whether they are related to service.

The veteran's claim for an increased rating for his low back disability was granted, with a new rating of 40 percent effective from December 1972.,The veteran's service connection claim for major depression was also granted, with a new rating of 10 percent and effective date set at June 9, 2004.

The Board has decided that the veteran's claim of entitlement to service connection for a back disability must be remanded due to incomplete records and need for further medical examination.

The Board finds that the evidence is in equipoise as to whether the veteran's current back disability, diagnosed as degenerative changes in the lumbar spine, is related to injuries sustained during service. Service connection for this condition is granted.

The veteran's claims for increased ratings for patellofemoral syndrome of the left knee and low back pain with history of old injury and osteoarthritic changes of L4-5 were denied as his conditions did not warrant a rating in excess of 10 percent.

The Board has granted service connection for residuals of a fourth lumbar vertebra fracture and assigned a 40 percent evaluation effective April 26, 2005. The veteran's claim for an earlier effective date is denied.

The Board has determined that the veteran's low back disability was not incurred in service and denied his claim for service connection.

The Board has determined that new and material evidence has not been received to reopen the claims for service connection for cervical and lumbar spine disorders, a right leg disorder, dysthymic disorder, migraine headaches, shortness of breath, vasomotor rhinitis, hemorrhoids, colon polyps, hypertension, left hand disorder, and carpal tunnel syndrome. The evidence submitted is either cumulative or does not relate to an unestablished fact necessary to substantiate the claims.