Back / lumbar spine decisions — 2007

The Board has determined that the veteran does not have verified current disabilities of shoulder, neck, back or left knee for which service connection can be granted.

The Board has granted a 20 percent evaluation for lumbar degenerative disc disease, effective from the date of the claim. The right ankle disability is rated at 40 percent.

The Board found that the veteran's low back disorder, including intervertebral disc syndrome and degenerative disc disease, was not incurred in service.,From November 13, 2000 to February 2, 2004, the veteran's PTSD met the criteria for a 30 percent evaluation.

The veteran's claims for increased evaluations for his service-connected lumbar strain and degenerative disc disease, as well as decreased left toe and knee extensor strength associated with these conditions, are being remanded due to the need for additional development of the record.

The veteran withdrew his appeal for service connection of a low back disorder, including as secondary to residuals of left rib cage injury with bilateral costovertebral and right flank pain with thoracic spine arthritis.

The Board has decided to remand the case for further development, including obtaining service medical records and other relevant documents. The appellant's claim of entitlement to service connection for a lumbar spine disorder will be reconsidered based on the additional evidence.

The Board denied the veteran's claims for service connection for depression, an increased rating for low back strain with degenerative joint disease at L3, L4 and L5 with limitation of motion, and an earlier effective date for a 20 percent rating. The claim for TDIU was also denied.

The veteran's increased ratings for his service-connected low back strain, left knee, and right knee conditions were granted. The effective date is not specified.

The veteran's low back disability is granted as secondary to his right leg disabilities. However, the RO denied an increased rating for his shrapnel wound of the right calf.

The Board has determined that the veteran's lumbar myositis with degenerative changes of the lumbar spine warrants a 20 percent disability rating for the period from September 28, 2005. The previous 10 percent rating is denied.

The Board finds that the veteran's current degenerative disc disease of the neck, including for C4 through T1, was not incurred in or aggravated by active military service.

The Board has reopened the veteran's claims for service connection for neck and back disorders, but finds that there is no evidence to support a finding of service connection due to lack of a nexus between current disabilities and military service.

The Board has remanded the veteran's claims for a VA examination to determine if his heart condition and low back disability are related to service, specifically PTSD.

The Board has granted service connection for peripheral neuropathy of the lower extremities as secondary to the veteran's service-connected lumbar spine disability and has also granted a 20 percent rating for his service-connected lumbar spine disability.

The veteran's claim for a higher disability rating for his service-connected intervertebral disc syndrome of the lumbosacral spine is being remanded due to insufficient evidence and need for further examination.

The Board has determined that the veteran does not have a current diagnosis of a chronic disability of the lumbar spine and therefore, service connection for this condition is denied.

The VA determined that the veteran's lumbar disc disease with degenerative changes did not warrant an evaluation in excess of 40 percent prior to September 23, 2002. From September 23, 2002 through September 25, 2003, a separate 40 percent evaluation was granted for orthopedic manifestations and a 10 percent evaluation was granted for neurologic manifestations. After September 26, 2003, the veteran's condition did not meet the criteria for an evaluation in excess of 40 percent.

The VA determined that the veteran's low back and left leg disability was not caused by or aggravated by the July 27, 2004 colonoscopy and cystoscopy performed by VA.

The Board has remanded the case due to incomplete records and the need for further medical examination. The veteran's claims will be reconsidered based on the additional evidence.

The veteran withdrew his appeal for service connection of degenerative joint disease of the lumbar spine.