Back / lumbar spine decisions — 2007

The Board has determined that the veteran's back and left knee disorders are not related to service, including as secondary to his service-connected left foot disorder.

The Board has determined that additional development is necessary before the claims for service connection can be properly adjudicated.

The Board has dismissed the appeals for service connection for a lumbar spine disability and bilateral knee disabilities due to withdrawal by the appellant. Service connection for tinnitus was denied.

The Board has determined that the veteran's current low back disability is not related to service, and his sleep apnea was first diagnosed after service. The stroke is unrelated to service.,Service connection for residuals of a low back injury and residuals of a stroke are denied as there is no evidence linking these conditions to service.

The Board has determined that the veteran's current degenerative disc disease of the lumbar spine and right-sided sciatica and radiculopathy are not related to his time in service, and thus denied both claims for service connection.

The Board found that the veteran's cervical spine disability did not meet or approximate criteria for a rating in excess of 10 percent, as it did not result in moderate limitation of motion, intervertebral disc syndrome, forward flexion of the cervical spine not greater than 30 degrees, combined range of motion of the cervical spine not greater than 170 degrees, muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour.

The veteran's claims for service connection were generally granted, with some conditions being attributed to undiagnosed illnesses.

The veteran's left ankle disability was not found to be service-connected. The initial rating for his low back disability from November 7, 2002, to October 3, 2006, was granted at a 20 percent rating and remains unchanged. From October 4, 2006, the veteran's low back disability is rated at 40 percent.

The Board has determined that the veteran's current back disability and arthritis of the hips and legs were not incurred or aggravated in service, nor are they proximately due to his service-connected wounds. The veteran's current disabilities have been rated as compensable.

The Board found that the veteran's lumbar spine disability was not incurred in or aggravated by service and is not causally related to a service-connected disability. The left ankle fracture disability has been rated at 10% since its initial grant of service connection, but the Board determined there is no basis for an increased rating.

The Board granted service connection for a low back disability and assigned a 20 percent rating effective as of January 4, 2005. The claim for increased rating for left knee instability was also granted with the same effective date.

The Board has denied the veteran's claims for initial ratings in excess of 10 percent for his right knee disability and low back strain, finding that the evidence does not support higher evaluations under the applicable VA rating criteria.

The Board has determined that additional development is needed, including obtaining the veteran's service medical and personnel records for his claimed second period of active duty (from September 1950 to July 1951), as well as updated private and VA treatment records. The case will be remanded for these purposes.

The Board has reopened the veteran's claim of service connection for degenerative arthritis of the lumbar spine, cervical spine, and osteoporosis, all secondary to her service-connected pes planus. The claims are granted.

The veteran's claim for an increased rating and effective date for his service-connected back disability was granted. He is currently rated at 60 percent disabling since March 1, 2001.

The Board has granted an increased rating of 20 percent for lumbar strain effective April 29, 2005. The veteran's right hip strain and knee instability are rated at the maximum available under VA regulations.

The Board has reopened the veteran's claim of service connection for a low back disability, including degenerative disc disease. The evidence now shows that his current condition is related to an in-service injury and is granted.

The Board has remanded the case for further development, including clarification of SSA benefits and a VA examination to determine the nature, severity, and etiology of the veteran's claimed musculoskeletal disabilities.

The Board denied the veteran's claims of service connection for right hip disorder, left knee disorder, right knee disorder, and back disorder. The claim for a higher rating for PTSD was granted to 70 percent.

The Board has determined that the veteran's right knee disability and degenerative disc disease of the lumbar spine are not service connected as secondary to his service-connected residuals of right foot injury. However, he is granted an initial increased evaluation for his right foot disability from February 20, 2004.