Back / lumbar spine decisions — 2008

The veteran's left knee scar is not deep and does not cause limited motion, and there is no relationship between the low back disorder and his military service.

The Board denied service connection for a back disorder as there was no evidence of an in-service injury, disease or event and the current disability was not shown to be related to active military service.

The veteran's degenerative disc disease of the lumbar spine is not manifested by incapacitating episodes, unfavorable ankylosis, or severe neurologic impairment. However, separate ratings for mild neuropathy in both lower extremities were granted.

The Board denied the veteran's claim to reopen a previously denied service connection claim for a back disability, as new and material evidence was not submitted.

The veteran's claims for increased ratings for degenerative disc disease of the cervical spine with history of headaches and intervertebral disc disease of the lumbar spine with spondylosis are being remanded to provide him a VA examination.

The Board remands the claim for a VA examination to determine the etiology of the veteran's back disorder.

The veteran's service-connected degenerative arthritis of the lumbosacral spine has been rated at 20 percent, as it is manifested by an abnormal gait during flare-ups but does not meet criteria for a higher rating.

The Board denied service connection for a low back disability, degenerative disc disease of the lumbar spine, to include as secondary to the service-connected left knee disability; and also denied service connection for a psychiatric disorder to include as secondary to the service-connected disabilities. The Board also found that there was no evidence of a respiratory or breathing disability, numbness in the arms and legs, headaches, anemia, or any other claimed conditions.

The Board denied service connection for hip disability, finding no evidence of a current hip disability due to disease or injury. The issue regarding degenerative disc disease of the lumbar spine is remanded.

The veteran's low back disorder is manifested by constant pain, numbness (paresthesias), dizziness, decreased range of motion, and spasms; however, there are no objective clinical indications of ankylosis or incapacitating episodes resulting in physician-prescribed bed rest. The neurological manifestations - in particular the lower extremity radiculopathy - amount to no more than mild incomplete paralysis of his sciatic nerve.

The appeal is remanded for additional development, including obtaining medical records and providing the appellant with a VCAA notice letter.

The veteran's lumbar spine disability, and traumatic arthritis of the right and left shoulders have not met the criteria for higher ratings.

The veteran's service-connected disabilities do not preclude substantially gainful employment consistent with his education and previous work experience.

The Board denied a rating in excess of 10 percent for the veteran's low back disability prior to April 12, 2004, and a rating in excess of 20 percent since that date.

The veteran is unemployable as a result of his service-connected disabilities, including PTSD and lower back disability.

The Board has no jurisdiction to adjudicate the merits of these claims due to the RO's grant of service connection for the veteran's right wrist and back disabilities.

The Board remands the claims for an increased evaluation and higher initial evaluations to the RO via AMC for additional development.

The Board determined that the reduction of the rating for degenerative disc disease, L5-S1 from 60 percent to 10 percent was proper and did not warrant restoration of a higher evaluation.

The Board granted service connection for residuals of a caesarean section and assigned a 10% rating. The veteran's ratings for cystitis with UTIs, cholecystectomy residuals, and low back strain were increased to 60%, 10%, and 20%, respectively.

The veteran was granted a 10 percent disability rating for her service-connected right wrist ganglion cyst, but the claim for an increased rating for her lumbar strain was denied.