Back / lumbar spine decisions — 2008

The Board has granted a higher initial rating of 40 percent for the veteran's lumbar spine disability as of May 31, 2008. The veteran is also granted TDIU.

The veteran's claims for higher initial ratings for lumbar muscle strain, right ankle disability, and an increased rating for residuals of a cervical spine fracture were denied. The veteran was granted service connection for these conditions but with initial ratings that did not meet his expectations.

The veteran's back disorder was granted a higher initial rating of 20 percent from August 1, 2001 to October 22, 2007. Since then, the disability has been rated at 10 percent. The left hip strain and right knee strain have both received initial compensable ratings.

The Board found that the veteran's low back disorder existed prior to service and was not aggravated by service. The VA examiner opined that his current back disorders were likely related to a pre-existing injury in 1951, which occurred outside of service. As such, he did not meet the criteria for service connection. Additionally, the Board determined that the veteran's combined disability rating (70%) was insufficient to warrant a TDIU based on his service-connected disabilities alone.

The Board granted an initial 40% rating for lumbar DDD, finding that the veteran's disability more nearly approximates the criteria for a 40% rating.

The veteran's claims for increased ratings and service connection were denied. The claim for service connection of low back disability, to include on a secondary basis, was not reopened due to lack of new and material evidence.

The Board has reviewed the veteran's claims for service connection for various conditions, including a left hip disorder, left knee disorder, back disorder, and arthritis of the back and left hip. The evidence does not support a finding that these conditions are related to service or any incident thereof.

The veteran's claim for special monthly compensation based on loss of use of lower extremities is being remanded due to the need for additional medical examination and consideration of new evidence.

The veteran's claims for increased evaluations of his service-connected cervical strain, scar, residual left ankle surgery, lumbar strain with degenerative changes at T12-L1, right ilio-tibial band syndrome, retropatellar pain syndromes of the knees, postoperative residuals of a malleolus fracture, allergic rhinitis, tinea corporis and tinea cruris, left wrist strain, left epididymitis, and scar from a thumb laceration have all been denied.,The veteran's service-connected conditions do not meet or approximate the criteria for higher evaluations under any applicable diagnostic codes.

The Board has denied the veteran's claims for service connection for degenerative joint disease of the lumbar spine and secondary service connection for hip disorder to include as secondary to degenerative joint disease of the lumbar spine.

The veteran's disabilities are of such nature and severity as to permanently prevent him from securing or following substantially gainful employment, but he does not meet the criteria for special monthly pension based on need for regular aid and attendance.

The Board has denied the veteran's claims for service connection for a thoracolumbar spine disability and whether new and material evidence has been submitted to reopen his claim of entitlement to service connection for a left hip disorder.

The Board denied the veteran's claims for increased ratings for his service-connected degenerative disc disease of the lumbosacral spine and cervical spine disability, as well as his claim for service connection for lower extremity paresthesias. The RO had previously granted service connection for these conditions but did not assign any initial evaluations.

The Board denied the veteran's claims for service connection for a back disability and bilateral ankle disabilities, as well as his requests for compensable ratings for patellofemoral pain syndrome of the left knee with history of tibial plateau stress fracture and patellofemoral pain syndrome of the right knee with history of tibial plateau stress fracture. The veteran's service-connected knee disabilities do not clearly interfere with normal employability.

The Board has reopened the veteran's previously denied claims of entitlement to service connection for degenerative disc disease with DJD, lumbar spine and carpal tunnel syndrome, right wrist. The case is now remanded for further development.

The Board has remanded the case for additional development due to insufficient medical nexus evidence linking the veteran's current low back disability to his military service.

The veteran's claim for service connection for his claimed lumbar and cervical spine disorders is being remanded due to the need for additional medical examination and development of records from Social Security Administration.

The Board has denied the veteran's claim for service connection for a cervical spine disability and dismissed his appeal for an increased rating for residuals of left varicocele surgery.

The Board has reopened the veteran's claims for service connection for cervical and lumbar spine disorders, but has denied both on the merits. The evidence does not support a finding of a nexus between any current spinal conditions and active duty service.

The Board found no evidence of a low back disability related to service or a service-connected condition, and denied the veteran's claim for service connection.