Back / lumbar spine decisions — 2008

The veteran's degenerative disc disease of the lumbar spine does not meet the criteria for a higher rating.

The veteran's major depressive disorder warrants an initial disability rating of 70 percent, but no higher. The lumbar spine degenerative joint disease does not warrant a rating in excess of 10 percent.

The veteran's residuals of a lumbar spine injury with degenerative arthritis were rated at 40 percent as of January 30, 2007, due to limited forward flexion to 30 degrees or less without evidence of ankylosis.

The veteran's claims for service connection for residuals of a right hand injury, back disorder, and foot and ankle disorder are being remanded for further development.

The Board has reopened the claims for service connection for a low back disability and right shoulder disability, but denied the claim for a right knee disability.

The veteran's lumbar strain with L3-5 degenerative disc disease does not warrant a rating in excess of 40 percent, but his depression is considered secondary to the service-connected condition and will be rated accordingly.

The veteran's claims for service connection for a bilateral knee, bilateral ankle, low back, and left shoulder conditions were granted. The claim to reopen the service connection for a skin disorder was denied.

The veteran's claim for an increased rating for lumbosacral strain superimposed on L5-S1 spondylolisthesis is being remanded to obtain additional evidence and ensure compliance with the Veterans Claims Assistance Act of 2000.

The Board remands the case to the agency of original jurisdiction for issuance of a letter which contains all of the information required by 38 U.S.C. § 5103 and its implementing regulation, 38 C.F.R. § 3.159.

The Board denied service connection for a low back disorder as there is no competent evidence of a nexus between the claimed current disability and any incident of service.

The veteran was granted service connection for mitral valve prolapse and low back disability, with ratings increased to 20 percent effective January 12, 1998. The claims for higher initial ratings were denied.

The veteran's claims for earlier effective dates, increased ratings, and service connection were denied.

The veteran's claims for increased ratings were partially granted, with some conditions receiving higher ratings and others remaining at their current levels.

The veteran's low back disability did not meet the criteria for a higher rating, as it was not productive of a period of acute signs and symptoms due to intervertebral disc syndrome that required bed rest prescribed by a physician and treatment by a physician; nor had there been any evidence of favorable or unfavorable ankylosis.

The Board remands the matter for additional medical examinations to assess the current severity of the veteran's service-connected low back disability.

The veteran's service-connected low back disability is not shown to be manifested by ankylosis, separately ratable neurological symptoms, or incapacitating episodes of 6 weeks or more in the past 12 months.

The Board denied service connection for a low back disability, found that the veteran's left thigh scars did not warrant an increased rating, and granted a separate 10 percent evaluation for injury to Muscle Group XIV.

The Board denied service connection for a low back disorder and a right knee disorder as there is no evidence of an in-service injury or chronic disability, and the conditions first appeared many years after service.

The Board denied an increased evaluation for degenerative disc disease of the lumbar spine and an initial evaluation in excess of 10 percent for radiculopathy of the right lower extremity.

The Board granted service connection for a back disability, resolving the benefit of the doubt in favor of the veteran.