Back / lumbar spine decisions — 2008

The veteran's lumbar spine disability was rated at 40 percent effective December 5, 2005 and in excess of 20 percent effective December 29, 2006.,The veteran's cervical spine disability was rated at 20 percent effective December 5, 2005 and in excess of 10 percent effective August 1, 2002.,The veteran's thoracic spine disability was rated at 10 percent effective August 1, 2002.

The Board has determined that new and material evidence has been received to reopen the veteran's claims for service connection for skin rash, back disability, deterioration of bones, stomach disability, and joint pain. However, the claims are not granted as there is no clear evidence linking these conditions to service or an undiagnosed illness.

The Board has determined that the veteran's service-connected low back disability warrants a rating of 60 percent, reflecting pronounced intervertebral disc syndrome with persistent symptoms compatible with sciatic neuropathy and little intermittent relief.

The Board denied the veteran's claim for an increased rating for his service-connected lumbosacral strain, currently rated at 20 percent.

The Board has determined that the veteran's current degenerative disease of the lumbar spine is not related to his service and thus denied his claim for service connection.

The veteran's claims for increased ratings for his service-connected disabilities have been denied. The RO has determined that the evidence does not support higher evaluations for bilateral hearing loss, tinnitus, degenerative joint disease of the lumbar spine, left forearm strain, and allergic rhinitis.

The Board has denied the veteran's claims for service connection for a mid and lower back disorder, as well as his requests for increased ratings for his right and left knee disabilities. The claim for secondary service connection was denied on the merits.

The Board has remanded the case due to incomplete records and the need for a VA examination to determine the nature and etiology of the veteran's back condition.

The VA has determined that the veteran's low back disability, characterized as mechanical low back syndrome with thoracic muscle strain, does not warrant a rating higher than 10 percent since June 30, 2004.

The veteran's low back disability is currently rated at 10 percent, and he has other service-connected conditions that do not warrant higher ratings. The heart murmur claim remains unresolved.

The Board has granted service connection for bilateral pes planus but denied the claims for back disability and adjustment disorder. The initial noncompensable rating assigned for bilateral pes planus is upheld.

The veteran's lumbar degenerative changes have not been manifested by forward thoracolumbar flexion less than 60 degrees, or a combined range of thoracolumbar motion of 120 degrees or less. Therefore, the current rating in fact compensates her for her functional loss due to pain and stiffness.

The veteran's low back strain and left knee chondromalacia were rated, with the low back receiving a higher rating than initially assigned. The laxity of the left knee was also rated.

The veteran's claims of service connection for hearing loss, right leg disability, back disability, coronary artery disease, upper respiratory disorder, and hypertension were all denied. The Board found that the evidence did not support a finding that any of these conditions were incurred or aggravated by active service.

The VA denied the veteran's claims for increased evaluations for his service-connected chronic low back pain with herniated nucleus pulposa L5-S1 and post-traumatic stress disorder (PTSD). The evidence showed that the veteran had some complaints of pain but no significant impairment in motion or function. His PTSD was characterized by occasional decrease in overall functioning due to nightmares, sleep impairment, depression, and memory impairment.

The Board has determined that the veteran's service-connected low back muscle strain warrants an initial evaluation of 20 percent, effective from January 9, 2005.

The Board found no evidence of a current low back disorder and denied the veteran's claim for service connection.

The case is being remanded for additional development, including verifying the veteran's address and obtaining medical opinions regarding her urinary tract disorder.

The Board denied the veteran's claims for increased evaluations for his service-connected cervical and thoracolumbar spine disabilities, as well as systemic osteopenia. The conditions are rated based on their current manifestations without any presumption or secondary theory of service connection.

The VA denied an increased initial evaluation for degenerative disc disease of the lumbar spine, currently rated at 10 percent.