Back / lumbar spine decisions — 2008

The Board found no evidence linking the veteran's current back disability to his time in service, and denied his claim for service connection.

The Board found that there is no competent evidence showing the veteran's current low back disability, to include DJD of the lumbosacral spine, stems from his period of active duty training (ACDUTRA) in 1979.

The veteran's service-connected lumbar strain and associated right S1 radiculopathy have rendered him unable to secure or follow a substantially gainful occupation, meeting the criteria for a total disability rating based on individual unemployability.

The veteran's low back disability is currently rated at 10 percent, but he does not meet the criteria for a higher rating based on his current symptoms. He has moderate limitation of motion and mild associated radiculopathy in both lower extremities.

The Board denied the veteran's claims for increased ratings for his lumbar and thoracic spine disabilities, finding that the evidence did not meet the criteria for higher ratings under the applicable VA rating criteria.

The Board found that the appellant's acquired psychiatric disorder, including anxiety and/or mood disorders, was not incurred in or aggravated during service. The evidence did not support a finding of service connection for these conditions.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling a VA examination to determine if the veteran's current low back disability is causally related to service.

The Board has reopened the veteran's claims for service connection for a lower back condition, right knee condition, and chronic headaches. The original denial of these claims is now considered final.

The veteran's claims for service connection for a lumbar spine disability, bilateral leg disability, muscle pain, dizziness, and sleep disorder have been reopened. The claim for service connection for depression has also been granted.,However, the specific nature of the decision regarding each condition remains to be determined based on further evidence and analysis.

The Board has determined that the veteran's service-connected chronic low back strain warrants a disability rating of 20 percent, effective from February 25, 2002 to the present.

The veteran's claims for increased evaluations of her low back strain with arthritis, cervical spine strain/sprain, and bilateral ankle sprain/strain were denied by the Board. The conditions are rated based on their current manifestations without any presumption or secondary service connection.

The veteran's claims for service connection were granted for a right hip disability. The other conditions, including diplopia and bilateral shoulder disability, were denied as new evidence was not sufficient to reopen the claims.

The Board has determined that the veteran's left hip and low back disorders are secondary to his service-connected bilateral flat feet, and thus grants service connection for these conditions.

The veteran's service-connected right knee injury is currently rated at 10 percent, but the Board finds that a higher rating is not warranted.,The veteran's thoracolumbar spine disability is currently rated at 10 percent and the Board finds no basis to grant a higher rating.

The veteran's DJD and DDD of the lumbar spine have been rated at 20 percent since November 22, 2004. The RO has not found any evidence to warrant a higher rating based on the current medical evidence. For non-service-connected pension benefits, the veteran does not meet the criteria for permanent and total disability due to his service-connected disabilities.

The Board denied the veteran's claims for service connection for a lung disorder and a back disorder, finding that new and material evidence had not been submitted to reopen these claims.

The veteran's claims for increased ratings of his lumbar spine disability and service connection for numbness in the right upper extremity, a sleep disorder, and depression and emotional swings have been granted.

The VA determined that the veteran's low back strain with degenerative disc disease does not warrant a rating higher than 20 percent, as his symptoms do not meet the criteria for more severe disability.

The Board found that the veteran's hypertension and low back disability did not manifest during his period of service, and there is no evidence of continuity of symptoms after discharge. Therefore, the claims for service connection were denied.

The veteran's service-connected degenerative spondylosis of the lumbar spine has been evaluated at 40 percent since September 8, 2004. The evidence does not support a higher rating as there is no indication of unfavorable ankylosis or incapacitating episodes.