Back / lumbar spine decisions — 2007

The Board denied increased ratings for traumatic arthritis of the lumbar spine, left knee, and right knee. The veteran's service-connected conditions were not found to warrant higher evaluations based on current medical evidence.

The Board has determined that the veteran should be provided with VA examinations to determine the nature and etiology of her claimed disabilities, including bilateral knee disabilities, neck disability, bilateral shoulder disabilities, and residuals of face trauma. The appeal is REMANDED for these purposes.

The Board has remanded the case for further development, including a new examination and review of medical opinions to determine if the veteran's back disability is related to his military service or any other service-connected conditions.

The veteran's initial evaluations for traumatic arthritis of the right and left shoulders were denied, while his evaluation for degenerative disc disease of the cervical spine was granted. The effective date is not specified.

The Board has determined that the veteran's arthritis of the cervical spine and arthritis of the lumbar spine are not service-connected as there is no medical evidence linking these conditions to his military service.

The veteran's service-connected lumbar spine disability is currently rated at 20 percent, but the evidence does not support a higher rating based on current functional impairment.

The veteran's claim for higher initial evaluations for his low back disability is being remanded due to the need for a re-adjudication of the appeal as an initial rating decision rather than a new claim for increased benefits. The effective date and evaluation criteria must be considered under both former and revised regulations.

The Board has determined that new and material evidence has been received to reopen the veteran's claim for service connection for low back pain and muscle spasm. The Board also ordered an examination to determine if any of the veteran's current back disorders are related to service.

The Board has reopened the veteran's claim for service connection for a low back disorder due to new and material evidence. However, it denied an increased rating for his right index finger disability.

The veteran's right knee and lumbosacral strain disabilities have been evaluated as 10 percent disabling, but the RO has not provided a rationale for this rating. The case is being remanded to obtain updated medical records and conduct another spine examination.

The VA denied the appellant's claims for increased ratings and service connection for various conditions, including hypertension, coronary artery disease, bilateral hearing loss, left index finger fracture residuals, lumbar spine disorder, cervical spine disorder, frostbite residuals, gastrointestinal disorder, and otitis media.

The Board denied the veteran's service connection claims for arthritis of both hands and wrists, secondary to service-connected left knee disabilities.

The Board found that the veteran's lumbosacral spine disability was not incurred in or aggravated by his active service and denied his claim for service connection.

The Board has denied the veteran's claims for service connection for lumbar strain, right knee disability, and right ankle disability as there is no competent evidence of current disabilities or a nexus to service.

The Board has determined that the veteran does not have a low back disability, neck and shoulder disabilities, anxiety and depression, sexual dysfunction, or sinus headaches related to his military service.

The VA determined that the veteran's degenerative lumbosacral disc disease warranted a disability rating of 40 percent, which is in line with his current condition.

The Board has determined that the veteran does not have a current disability of the hips, and his service-connected degenerative disc disease is manifested by mild intervertebral disc syndrome with no incapacitating episodes. The GERD is manifested by regurgitation requiring daily medication. Therefore, the claims for increased ratings are denied.

The veteran's claims for increased evaluations for his lumbosacral spine and cervical spine conditions, as well as GERD, were granted. The veteran now receives a 40 percent evaluation for his degenerative joint disease of the lumbosacral spine since January 13, 2004, and a 30 percent evaluation for his degenerative disc disease and spondylosis of the cervical spine since January 13, 2004. The veteran's GERD is rated at 30 percent.

The Board has denied the veteran's claims for service connection for bilateral hearing loss, low back disorder, cervical neuropathy, and an acquired psychiatric disorder (to include PTSD). The veteran is not entitled to a compensable disability rating for his service-connected bilateral hearing loss.

The Board found that the veteran's herniated lumbar disc at L4-L5 and L5-S1, status post lumbar laminectomy, was not incurred in or aggravated by service. The Board also determined that it is not proximately due to or the result of a service-connected disability.