Back / lumbar spine decisions — 2007

The Board denied the veteran's claim for service connection for a back condition, finding that there was no evidence of an in-service injury or disorder and noting the lack of continuity of symptomatology post-service. The Board also found that arthritis could not be presumed as it did not manifest within one year of separation from active duty.

The Board denied the veteran's claims for increased ratings for his recurrent low back syndrome and right leg radiculopathy, finding that the evidence did not warrant a higher rating under either the old or new criteria.

The VA denied a rating in excess of 10% for the veteran's lumbosacral strain, finding that the evidence did not meet the criteria for a higher rating.

The Board denied reopening of the veteran's claims for service connection for tinnitus, psoriasis, degenerative arthritis of the cervical spine, degenerative arthritis of the lumbar spine, and both knees. The new evidence submitted since the last denial was not considered material.

The veteran's request for a higher rating for his right knee disability was granted, with the effective date being January 14, 2004. The veteran is currently rated at 30 percent for this condition from that date until December 26, 2005.

The Board has determined that additional development is required in order to comply with the duty to notify and ensure full compliance with due process requirements.

The Board has remanded the case due to incomplete records and the need for further examination.

The Board has remanded the case due to insufficient medical evidence linking the veteran's current low back and neck disabilities to his military service. The veteran will be provided with additional treatment records and an opportunity for a VA examination.

The Board has reopened the veteran's claim for service connection of a low back disability due to new and material evidence submitted since the last final denial.

The Board has determined that the veteran's low back disability was incurred in service and granted service connection for it.

The veteran's lumbar strain is currently rated at 20 percent, which is the maximum rating under the applicable diagnostic codes. The RO has also granted a higher rating for migraine headaches to 30 percent and for GERD with status-post esophageal dilation to 10 percent.

The veteran's low back disability, characterized by degenerative disc disease and radiculopathy in the right lower extremity with limitation of motion and pain, warrants a 60 percent rating under the old criteria for intervertebral disc syndrome.

The veteran's claim for increased ratings for several service-connected disabilities was granted, with the initial rating of 20 percent assigned for lumbosacral strain with disc bulge at L5-S1 prior to March 6, 1999 and a staged rating of 20 percent from that date. A separate 10 percent evaluation was also granted for neurologic manifestations of the service-connected low back disability as of September 23, 2002. The veteran's left ring finger amputation received a 10 percent initial rating, while his umbilical hernia did not meet the criteria for a higher rating.

The veteran's service-connected degenerative disc disease of the lumbosacral spine was rated at 10 percent since October 18, 2000 and increased to 20 percent effective May 15, 2006. The current rating is appropriate based on his symptoms.

The Board has denied the veteran's claims for service connection for low back disability and heart disease, finding no evidence of a nexus between these conditions and his military service.

The Board denied an increased rating for a scar as a residual of excision of dermatofibrosarcoma of the left thigh, finding that the veteran's symptoms did not meet the criteria for a compensable rating.

The Board found that the veteran's low back disability is not etiologically related to his active service and denied his claim for service connection.

The Board denied service connection for various conditions, including basal cell carcinoma of the left ear and arthritis in multiple joints. The decision also denied an evaluation in excess of 10 percent for the right shoulder disability.

The Board has remanded the case due to missing service medical records and other evidence. The veteran's claims for service connection are being reviewed, along with his ratings for various disabilities.

The Board found that the veteran's current disability of the lumbar spine is not related to an in-service injury, and denied service connection for this condition. The issues regarding hypertension and PVD are remanded for further evaluation.