Back / lumbar spine decisions — 2008

The claim for service connection for a low back disability was reopened based on new and material evidence, but the appeal is remanded to consider it on the merits. The veteran's bilateral foot disability does not warrant a rating higher than 30 percent.

The Board denied service connection for a low back disorder, bilateral hip disorder, pes planus, sinusitis, and arthritis as there was no evidence of current disabilities.

The Board has determined that the appellant's claims of service connection for an innocently acquired psychiatric disorder and severe degenerative disease L4-L5 and degenerative disc disease have not been substantiated by new and material evidence, and thus the appeals are denied.

The Board has remanded the case for additional development due to incomplete records and need for further examinations.

The Board has determined that the veteran does not have current residuals of an injury to the coccyx or a back disorder, and therefore service connection for these conditions is denied.

The Board has determined that the veteran's degenerative disc disease at L2-3 was incurred in service, and thus grants service connection for this condition.

The Board denied the veteran's claim for an initial evaluation in excess of 10 percent for his service-connected low back disability characterized as thoracolumbar strain and degenerative disc disease, finding that the evidence did not meet the criteria for a higher rating.

The Board has determined that the veteran's left knee and lumbosacral spine disabilities do not warrant an evaluation in excess of 10 percent, as there is no evidence of instability or ankylosis. The veteran's symptoms are adequately addressed by the current 10 percent ratings.

The Board found that the veteran's spinal disorders did not warrant a higher rating prior to January 18, 2000. The RO had previously denied increased ratings for cervical and lumbosacral spine conditions in June 1997 and October 1998, respectively. After reviewing medical evidence from January 18, 2000, the RO determined that the veteran's symptoms more nearly approximated the requirements for a 60 percent evaluation.

The VA denied the veteran's claim for an initial compensable rating for mechanical low back pain/lumbosacral strain, finding that his range of motion did not meet the criteria for a compensable rating.

The Board has remanded the case due to the need for additional medical examination and development of VA records. The appellant's claim will be reconsidered based on the new evidence.

The Board denied the veteran's claims for service connection for residuals of malaria, low back disability, and COPD. The claim for PTSD was granted with an initial rating of 30 percent.

The Board has determined that the veteran's back disorder was not incurred or aggravated during service and is not related to any in-service injury. As a result, the claim for service connection for a back disorder is denied.

The Board found that the veteran's low back disability is not related to his service and denied his claim for service connection.

The veteran's residuals of a fracture, T-12 and L-1, with lumbosacral strain are currently rated at 10 percent. The VA has granted an increased evaluation to reflect the severity of his disability.

The VA determined that the veteran's lumbosacral strain does not meet or approximate the criteria for a higher rating, as it did not result in incapacitating episodes of intervertebral disc syndrome, nor did it cause limitation of motion or neurological impairment severe enough to warrant an increased rating.

The Board found clear and unmistakable evidence that the veteran's low back disorder, including spondylolisthesis and degenerative disk disease (DDD), was pre-existing and not aggravated during service. The current DDD is more likely related to a civilian injury in 1987 requiring surgery.

The Board found that the veteran's service-connected chronic low back syndrome did not warrant a rating higher than 20 percent, as it manifested by limited motion and ankylosis. From October 12, 2006, he was granted a separate 10 percent rating for left lower extremity radiculopathy.

The Board has remanded the case to ensure due process, as it is precluded from assigning TDIU under 38 C.F.R. § 4.16(b) or § 3.321(b). The veteran's service-connected lumbar spine disability did not meet the schedular requirements for TDIU set forth at 38 C.F.R. § 4.16(a), but there is persuasive evidence that it met the criteria of 38 C.F.R. § 3.321(b) in September 1981.

The Board has determined that the veteran's back disorder and ulcer disorder are not related to his military service, and thus denied both claims.