Back / lumbar spine decisions — 2008

The veteran's low back disability is not productive of pronounced intervertebral disc syndrome or incapacitating episodes of a total duration of at least six weeks, and therefore, a rating in excess of 40 percent is not warranted.

The veteran's lumbar degenerative disc and facet disease was rated at 20 percent, effective from October 19, 2007. The other issues remain pending.

The Board denied an evaluation in excess of 40 percent for the veteran's service-connected chronic myositis and strain of the lumbar paravertebral muscles, as the evidence did not support a finding that the disability more nearly approximated pronounced IDS or incapacitating episodes having a total duration of at least six weeks during the past year.

The appeal is remanded to the RO for further development of evidence regarding the veteran's lumbar spine disability.

The veteran's appeal for service connection claims for chronic pulmonary disease and left ventricular hypertrophy, as well as an increased rating claim for scar status post laceration of the right hand, were withdrawn. The remaining issues resulted in no change to the ratings assigned.

The veteran's PTSD is manifested by hypervigilance, intrusive memories, social isolation, depressed mood, sleep impairment, night sweats, and irritability. The veteran's service-connected bilateral pes planus does not warrant a disability rating in excess of 30 percent.

The Board found that the November 2004 rating decision, which reduced the veteran's rating for his service-connected lumbar strain with degenerative disc disease from 30 percent to 20 percent effective February 1, 2005, was proper due to clear and unmistakable error in the previous increase.

The appeal is remanded for additional development, including a medical opinion to determine if the veteran's low back disorder is related to service and an SOC on the issue of whether new and material evidence has been submitted to reopen a claim of entitlement to service connection for a skin disorder.

The veteran's residuals of low back injury with traumatic degenerative changes are rated at 20 percent, as the evidence shows muscle spasm severe enough to result in abnormal spinal contour but not by forward flexion limited to 30 degrees or less, ankylosis of the entire thoracolumbar spine, incapacitating episodes of intervertebral disc syndrome having a total duration of at least 4 weeks during the past 12 months, or significant neurologic impairment.

The Board denied an initial rating in excess of 10 percent for right shoulder strain with degenerative changes and a rating in excess of 40 percent for lumbosacral strain, disc disease, and traumatic arthritis. It granted an initial staged rating of 20 percent for cervical strain, myositis and disc disease from May 14, 1997, and 10 percent for right foot injury with traumatic arthritis, great toe metatarsophalangeal joint fracture from May 14, 1997. It also granted an initial staged rating of 10 percent for a scalp scar effective October 26, 2006.

The appeal is remanded to the RO for additional action.

The Board denied the veteran's claim for service connection for a low back disorder as new and material evidence was not submitted, and also denied increased ratings for a scar on the left foot and bilateral hearing loss.

The Board denied service connection for the veteran's claimed conditions as there was no evidence of a current disability, in-service incurrence or aggravation of a disease or injury, and a nexus between the claimed in-service disease or injury and the present disease or injury.

The Board denied service connection for a low back disability and a left ankle disability as there is no evidence linking these conditions to any incident of the veteran's active service.

The appeal is remanded to obtain additional VA medical records from the 1970s and 1980s.

The veteran's current low back and right knee disorders were not incurred in or aggravated by his military service, and may not be presumed to have been incurred in service.

The Board granted service connection for a low back disorder and right foot metatarsalgia, finding that it is at least as likely as not that these conditions are causally linked to in-service trauma.

The veteran's claims for service connection for a headache disorder, bilateral hearing loss, low back disability, bilateral knee disability, and bilateral shoulder disability were denied as there was no evidence of these conditions in service or sufficient evidence to link them to his military service.

The appeal is remanded for further development and adjudication of the veteran's claim for a higher rating for chronic lumbar strain and degenerative joint disease.

The veteran's claims for increased ratings and service connection were denied as the evidence did not support a higher rating or establish service connection.