Back / lumbar spine decisions — 2008

The veteran was granted a 10 percent disability rating for degenerative disc disease of the lumbar spine, L5-S1 based on tenderness in his back which does not result in abnormal gait or abnormal spinal contour.

The Board denied the veteran's claims for increased ratings for his service-connected low back and cervical spine disabilities, finding that the evidence did not support a higher evaluation under the applicable rating criteria.

The Board found that the veteran's back disability did not increase in severity during or as a result of service, and there was no evidence linking the condition to his period of active duty.

The veteran's claims for service connection for various conditions, including knee problems, neck pain, shoulder injury, and back condition, are being remanded for further development.

The Board denied service connection for an anxiety disorder, sleep apnea, and a compensable evaluation for hypertrophic tonsils. The claims for service connection for cervical spine and lumbar spine disabilities were reopened but ultimately denied.

The veteran's left carpal tunnel syndrome was incurred in service, while a lumbosacral spine disorder with degenerative changes was not.

The Board has reopened the veteran's claims for service connection of degenerative joint disease of the lumbosacral spine with degenerative disc disease at L5-S1 and bilateral sensorineural hearing loss, but denied service connection for osteoarthritis of both shoulders.

The Board denied a rating in excess of 20 percent for degenerative joint disease of the lumbar spine, but granted separate 10 percent ratings for radiculopathy of both lower extremities.

The Board denied service connection for headaches, a right arm disability, and a low back disability as they were not related to the veteran's active duty or any service-connected condition. The claims for increased ratings for epicondylitis of the left elbow, pes cavus with plantar fasciitis and hallux valgus of the right foot, and Morton's neuroma with pes cavus, plantar fasciitis, and hallux valgus of the left foot were also denied.

The Board denied a rating greater than 20 percent prior to October 7, 2007, and denied a rating greater than 40 percent since that date for the veteran's lumbosacral strain with DJD and DDD. However, the Board granted a separate 10 percent rating for right-sided radiculopathy effective from December 4, 2003.

The Board denied the veteran's claims for service connection for peripheral neuropathy of all extremities, skin disability, and low back disability as there was no competent medical evidence to support these conditions or their relation to service.

The veteran's low back disability did not meet the criteria for a higher rating during the specified periods.

The veteran's heart disability manifested by atrial and supraventricular dysrhythmia with exercise clearly and unmistakably existed prior to service and was not aggravated thereby. The veteran is not shown to have a cervical spine condition, headaches, sinus condition, an innocently acquired psychiatric condition, low back condition, hiatal hernia with reflux or other stomach condition due to disease or injury that was incurred in or aggravated by active service.

The veteran's degenerative disc disease of the lumbar spine is granted a 40 percent rating, and peripheral neuropathy in each lower extremity does not warrant an increased rating.

The veteran's claims for service connection for a pulmonary disorder and low back disorder are being remanded for further development, including VA examinations.

The veteran's low back disorder and hemorrhoids were denied service connection, and an initial compensable evaluation for hemorrhoids was also denied.

The claim for service connection for fracture of the first lumbar vertebra and narrowing of disc L5-S1 was reopened, and a rating of 20 percent was assigned for traumatic arthritis of the cervical spine.

The Board remands the case to the agency of original jurisdiction for additional development, including obtaining a VA examination.

The Board denied service connection for a low back disability and found that the veteran's countable annual income and total assets exceeded the limit for VA pension benefits.

The veteran was granted a disability rating of 20 percent for degenerative joint disease of the right shoulder from January 11, 2006 to June 16, 2006. For the period from September 1, 2006, no higher rating is warranted.