Back / lumbar spine decisions — 2008

The Board finds that the veteran's lumbosacral strain is proximately due to, and the result of, his service-connected left ankle disability.

The Board has granted a 20 percent rating for the service-connected degenerative joint disease of the lumbosacral spine from December 6, 2005. The claim for increased ratings for COPD remains unresolved.

The veteran's claims for service connection for depression, low back disability, right knee disability, and bilateral hip disability have been denied as they are not related to his active service or his service-connected left knee disability.

The Board has granted service connection for the claimed conditions, but denied earlier effective dates. The veteran's claims are based on direct service connection and not due to a presumption or new evidence.

The VA denied the veteran's claim for an increased evaluation in excess of 40 percent for his service-connected lumbar strain, as there was no evidence of unfavorable ankylosis or associated neurologic abnormalities.

The Board has determined that the veteran's service-connected disabilities do not meet the criteria for financial assistance in purchasing an automobile and adaptive equipment, or adaptive equipment only.

The veteran's back condition is currently rated as 10 percent disabling. He also has a separate evaluation of 10 percent for left-sided mild incomplete paralysis of the sciatic nerve.

The veteran's TDIU claim is being remanded for further evaluation of his service-connected disabilities and their impact on his employability.

The Board has reopened the veteran's claim for service connection for prostatitis and granted it. The Board also found that the veteran's degenerative arthritis of the lumbosacral spine is related to his active duty service.

The veteran seeks increased evaluations for his service-connected degenerative joint disease of the lumbar spine and hemorrhoids. The current evidence is outdated, and a new examination may be necessary to assess the severity of these conditions.

The veteran's claim for an increased disability rating for his service-connected degenerative disc disease of the lumbar spine with sciatica is being remanded due to the need for proper notice and additional treatment records.

The Board has determined that the veteran's current low back disorder, diagnosed as Degenerative Disc Disease of the Lumbosacral Spine, was not incurred or aggravated in service and is not related to his military service. The claim for service connection is therefore denied.

The veteran's claims for service connection for degenerative disc disease of the lumbosacral spine and headaches are being remanded due to incomplete medical records, lack of VA examinations, and need for additional development.

The Board has granted an initial evaluation of 10 percent for chronic low back strain, effective from the date of the claim. The veteran's lumbar spine disability was manifested by normal limitation of motion prior to November 30, 1999 and moderate limitation of motion since then.

The Board denied the veteran's appeal for service connection for PTSD and a back disability. The decision found that the veteran does not have PTSD, as there is no medical evidence of a current diagnosis or link to in-service stressor events.

The Board has determined that the veteran's diabetes mellitus, type II is a result of exposure to Agent Orange during service. The back disability was also found to be related to service.

The Board granted higher initial evaluations and increased evaluations for the veteran's service-connected conditions, including degenerative disc disease of the lumbar spine, spur, Achilles' tendon, right ankle, degenerative changes of the first metatarsophalangeal joint of the right foot, and traumatic arthritis of the left knee.

The Board found no evidence to support the veteran's claim that his current low back disability is related to service, and denied the claim.

The VA determined that the veteran's spondylolisthesis of the lumbar spine warrants a rating of 20 percent, which is the maximum schedular evaluation available under current criteria. The condition has been manifested by slight limitation of motion, tenderness, and chronic pain.

The Board has remanded the case for additional development, including obtaining treatment records from Dr. G. and securing medical opinions regarding the etiology of the veteran's left knee and low back disabilities.