Back / lumbar spine decisions — 2007

The veteran's degenerative disc disease of the lumbosacral spine, which has primarily been manifested with complaints of low back pain and some limitation of motion, is currently rated at 40 percent. The RO found that this rating adequately reflects his disability.

The veteran's appeal has been dismissed as the appellant requested withdrawal of his appeal prior to a decision being made.

The veteran's appeal is remanded for additional development, including obtaining VA medical records and scheduling orthopedic and neurologic examinations to assess the severity of his service-connected low back disability.

The Board has reopened the veteran's claims for service connection for low back disability and bilateral knee disabilities, finding that new evidence supports a link between these conditions and service. The claims are now granted.

The Board denied the veteran's claims of entitlement to service connection for left hand cold injury residuals, right and left knee disorders, and a back disorder. The competent medical evidence did not support a finding that these conditions were related to his military service.

The Board has granted a 50% rating for the service-connected migraine headaches, which is the highest available rating under the applicable criteria. The veteran's migraines are characterized by very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.

The VA determined that the veteran's low back disability, manifested by limited range of motion but no significant neurological impairment or incapacitating episodes, does not warrant a rating in excess of 20 percent.

The veteran's PTSD and depressive disorder are service-connected, while paralumbar myositis is not. Joint pain, generalized arthralgia, and shortness of breath are not service-connected. The GI disorder (irritable bowel syndrome) is also not service-connected.

The Board has determined that the veteran does not have L4-L5 spinal stenosis or degenerative disc disease of the cervical spine that is related to his military service.

The Board denied service connection for a lumbar spine disability, finding no nexus between the condition and service or service-connected knee disability. The claim was reopened with new evidence showing that the veteran's current lumbar spine disability is related to his service-connected knee disability.

The Board denied the veteran's claim for an earlier effective date for TDIU, finding that his service-connected disabilities did not prevent him from obtaining or maintaining substantially gainful employment.

The veteran's service-connected lumbosacral strain was initially rated at 10 percent and later increased to 20 percent effective July 5, 1995.

The Board denied service connection for left knee and low back disabilities, finding no evidence linking these conditions to service or a service-connected disability. The veteran's right knee instability is currently rated at 30 percent.,The veteran also sought an increased rating for his right knee condition but the maximum schedular rating has been reached.

The veteran's claims for increased evaluations for PTSD and a lumbosacral spine disability are being remanded to the RO for further development.

The veteran's appeal is being remanded for additional development, including new examinations and consideration of his claims.

The Board has ordered additional development due to the need for medical records and a review of the inactive spina bifida folder. The veteran's claims for service connection for a back disability and compensation benefits for spina bifida are pending.

The Board finds that the veteran's service-connected back disorder does not meet or approximate the criteria for a disability rating higher than 20 percent.

The Board found that the veteran's lumbar strain did not meet or approximate the criteria for a higher rating prior to September 26, 2003 and from September 26, 2003 onwards. The disability picture more nearly approximates the criteria for a 10 percent evaluation.

The Board denied the veteran's claims for increased evaluations for his service-connected lumbar strain and eczema of the hands with right hand verruca vulgaris, finding that the current ratings adequately reflected the severity of these conditions.

The veteran's low back disability was rated at 40 percent effective January 23, 2001.