Back / lumbar spine decisions — 2007

The veteran's low back disability, characterized by pronounced intervertebral disc syndrome with persistent symptoms compatible with sciatic neuropathy, is now rated at 60 percent under the new criteria effective September 26, 2003.

The veteran withdrew his claims for asthma, cardiac disability, left ear hearing loss, and right ear hearing loss prior to the Board's decision. The claim for a rating in excess of 10 percent for degenerative joint disease of the lumbar spine remains pending.

The veteran's lumbar disc disease is rated at 60 percent, the highest available rating under current regulations.,Service connection has been granted for cervical spine disability and depression as secondary to back disability.

The veteran's claim for an increased rating for her service-connected degenerative disc disease of the lumbar spine is being remanded due to incomplete medical records and lack of information regarding her employment status.

The Board found no current diagnosed disabilities of the lumbar spine or left knee, and thus denied service connection for these conditions.

The VA determined that the veteran's current low back disability is not related to his service, and thus denied his claim for service connection.

The veteran's claim for an increased evaluation for his service-connected lumbosacral strain with disc disease is being remanded due to the need for a current examination to determine the severity of any neurological impairment associated with his disability.

The Board has decided to remand the case for further development, including a VA examination to determine if the veteran's current back disorder is related to his military service.

The veteran's service-connected low back injury is currently rated at 20 percent, which reflects moderate limitation of motion. The disability does not meet the criteria for a higher rating based on additional neurological impairment or incapacitating episodes requiring bedrest.

The Board has determined that the veteran's GERD, lumbar spine injury, and hypoglycemia are not related to his period of active military service.

The Board has granted a 50 percent rating for the veteran's arthritis of the lumbar spine, effective from the date of the decision.

The Board has granted a 100 percent evaluation for PTSD effective November 30, 2005. The veteran's other claims are remanded.

The Board has determined that the veteran's left hip and cervical spine disabilities do not warrant a higher disability evaluation based on current symptoms and medical evidence.

The veteran's death was not due to a service-connected disability, and the appellant is not entitled to DIC benefits under 38 U.S.C.A. § 1318 as he did not meet the required criteria for total disability rating.

The Board has remanded the case to the RO for readjudication of the claims to reopen service connection for COPD/bronchitis and a lumbar spine disorder, taking into account all evidence received since the April 8, 2006 statement of the case.

The Board found no evidence to support the veteran's claim of service connection for a low back disorder, and denied it. The right knee issues were also addressed but not fully resolved due to incomplete information.

The veteran's claim for an increased evaluation of his service-connected low back injury is being remanded due to the need for a more contemporaneous examination and additional medical records.

The Board has restored a 20% rating for degenerative disc disease of the lumbar spine from September 1, 2002. The claim for TDIU remains denied.

The Board found that the veteran's low back disorder did not meet the criteria for a prestabilization rating from the date of separation from inactive duty training in March 1989.

The Board has determined that a rating of 20 percent is warranted for the veteran's low back disability from February 27, 2006, and denied any higher rating prior to that date.