Back / lumbar spine decisions — 2008

The Board denied the veteran's claims for a higher rating for his lumbar spine condition and service connection for a disorder of his hips, knees, ankles, and feet. The veteran's lumbar spine condition is currently rated at 40 percent, which is the maximum schedular rating available under the old criteria. The Board found that there was no evidence of ankylosis or intervertebral disc syndrome associated with the service-connected low back disability. The VA examiner indicated it is unlikely that the veteran's lower extremity weakness is related to his lumbar spine condition.

The Board found no evidence linking the veteran's current low back disorder to his service, including two motor vehicle accidents. The claim for service connection was denied.

The Board has granted service connection for lumbar and cervical spine disabilities based on aggravation by the veteran's service-connected right knee disability.,Service connection was also granted for a left knee disability, but it remains pending as there is no opinion linking this condition to the service-connected right knee disability.

The Board granted a 60 percent disability rating for the veteran's service-connected lumbar spondylosis with disc degeneration and facet joint disease, which is the maximum schedular rating available.

The veteran's mandible fracture is resolved, and he does not meet the criteria for a compensable rating.,His lumbar spine disability is currently rated at 20 percent. The evidence fails to show that his current condition warrants a higher rating based on orthopedic manifestations or associated neurologic abnormalities.

The Board denied the veteran's claims for service connection for low back disability, major depressive disorder, and tinnitus. The evidence did not support a finding that these conditions were incurred in or aggravated by service.

The veteran's appeal is being remanded due to the need for additional evidence, specifically records related to his receipt of Social Security Administration benefits.

The veteran's initial rating for carpal tunnel syndrome of the right wrist remains at 10 percent, and her current evaluation for degenerative disc disease of the cervical spine is also 20 percent. Both conditions are rated based on their direct effects without any presumption or secondary service connection.

The Board denied the veteran's claims for service connection for infertility, major depressive disorder secondary to infertility, and left S1 radiculopathy, lumbar myositis, grade I spondylolisthesis, L5-S1, with associated bilateral spondylsosis, degenerative joint disease of the lumbar spine. The Board found no evidence linking these conditions directly to service or to exposure to radiation.

The Board has determined that the veteran's service-connected low back strain does not warrant an increased disability rating as there is no evidence of neurological deficits or other significant functional impairment.

The Board has remanded the case for further development due to a need to ensure compliance with new regulations and provide the veteran with an opportunity to submit additional evidence.

The Board found no evidence of a chronic back disability during service and denied the veteran's claim for service connection for degenerative disc disease of the lumbosacrococcygeal area/coccydynia. The issue of dysthymic disorder as secondary to tinnitus remains pending.

The Board has determined that new and material evidence has not been received to reopen the veteran's claims for service connection of a right shoulder disorder, but has found new and material evidence in support of his claim for degenerative joint disease of the lumbosacral spine. The Board is unable to determine if the current back condition is related to military service.

The Board has determined that additional development is needed for the veteran's claims of service connection for a back disorder, bipolar disorder, and depression. The case is REMANDED to allow for further examination and consideration.

The Board denied the veteran's claims of entitlement to service connection for tinnitus, hearing loss disability, and a back disorder. The evidence did not establish new and material evidence for reopening any of these claims.

The Board has determined that the veteran's service-connected arthritis of the lumbar spine warrants a 30 percent rating, as it meets the criteria for such under VA regulations.

The Board found that the veteran was actually employable as of 2001 and discontinued his entitlement to Total Disability Rating due to Individual Unemployability (TDIU) effective December 1, 2005.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to assess the veteran's ability to work due to his service-connected conditions.

The Board denied the veteran's claims for increased ratings for his low back disability, right shoulder shell fragment wound, PTSD, and hemorrhoids. The claim for TDIU was also denied.

The Board has determined that there is no competent medical evidence to support the veteran's claims for service connection of a back disability, neck disability, and abdominal disability. As such, these claims are denied.