Back / lumbar spine decisions — 2008

The Board has granted a 40 percent disability rating for the veteran's service-connected chronic lumbosacral strain with degenerative arthritis, effective July 3, 1996. The initial rating prior to that date was found not to meet the criteria for compensation.

The Board found no evidence of current neuropathy, chronic headache disorder, tinnitus, TMJ dysfunction, skin rash, back disorder, heart disorder, or kidney disorder. The veteran's service records do not show any such conditions during his military service.

The Board has granted service connection for left knee, low back, and right shoulder disabilities. The veteran's complaints of pain in these areas during active duty have been confirmed by medical examinations post-service.

The Board has granted service connection for the veteran's degenerative disc disease of the lumbar spine as secondary to his service-connected pes planus and left knee disabilities. The claim of bilateral leg pain was denied in previous decisions, but new evidence received since then is insufficient to reopen this claim.

The Board has determined that the veteran does not have PTSD, a lumbar spine disability, or a cervical spine disability incurred in service. The claims for these conditions are therefore denied.

The veteran's death was not service-connected, and the criteria for DIC under 38 U.S.C.A. § 1318 were not met.

The Board denied the veteran's requests to reopen his service connection claims for a lower back disability and chronic skin disorder of the left hand, finding that no new and material evidence had been submitted.

The Board has remanded the case for further development, including obtaining an opinion on whether the veteran's service-connected disabilities prevent him from engaging in substantially gainful employment. The effective date of the increased rating for the low back disability must also be addressed.

The veteran is seeking an increased rating for his service-connected lumbosacral strain, chronic, with degenerative changes at L5-S1. The case must be remanded to locate a possible July 2007 VA examination report and review all submitted evidence.

The veteran's low back pain has been rated at 10 percent since January 18, 2002. As of February 22, 2003, the disability is characterized by muscle spasm and loss of lateral spine motion.

The Board found that the veteran's current headache disability was not incurred in or aggravated by service and denied her claim for service connection.

The Board found that the veteran's service-connected low back disability, characterized by degenerative joint and disc disease of the lumbosacral spine, did not warrant a rating in excess of 40 percent due to lack of incapacitating episodes, muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour, or associated neurological disorders.

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

The Board denied a higher rating for the veteran's lumbar spine muscle strain, finding that the evidence did not show persistent symptoms compatible with sciatic neuropathy or incapacitating episodes requiring bed rest prescribed by a physician.

The Board found that the veteran does not have a low back disability related to his military service and denied his claim.

The Board has determined that additional development is needed to properly address the appellant's claims for service connection. This includes providing proper VCAA notice, obtaining relevant medical records, clarifying the meaning of annotations on VA documents, and scheduling examinations to assess the nature and etiology of his claimed conditions.

The veteran's lumbar spine disorder, which is not service-connected, has been evaluated at a 40 percent rating since January 1997. The current evaluation of 40 percent remains unchanged as the evidence does not meet the criteria for an increased rating under any applicable diagnostic codes.

The veteran's service-connected paraspinous muscle spasms of the lumbar spine with degenerative disc disease is currently rated at 40 percent, which is the highest rating available under the old criteria. The Board has determined that this rating is appropriate based on his symptoms and limitations.

The veteran has withdrawn his appeal for the claims of entitlement to service connection for a right inguinal hernia and for an increased evaluation for a low back disorder. The Board does not have jurisdiction to review these appeals as they have been dismissed.

The veteran's spondylosis with degenerative joint disease of lumbar spine, L4 through S1, was found to have its onset in service and the Board granted service connection for this condition.