Back / lumbar spine decisions — 2008

The Board has granted service connection for a low back disorder and a left knee disorder, attributing these conditions to the veteran's active military service. The decision also notes that there is no evidence of bilateral scalenus anticus syndrome.

The Board granted a disability rating of 20 percent for the veteran's service-connected lumbar spine disability prior to March 7, 2007. The veteran was previously rated at 20 percent and now receives an increase to 40 percent effective from April 12, 2005.

The Board found that the veteran's cervical and lumbar spine disabilities are not related to his service-connected bilateral knee disabilities, and thus denied these claims.

The veteran's low back disability warrants a 40 percent rating for functional impairment of the low back, with separate 10 percent ratings for neurological impairment in each lower extremity.

The veteran's cervical spine and lumbar/thoracic spine disabilities have been evaluated at the maximum available ratings of 30 percent. The right knee, ankle, and wrist disabilities have not met the criteria for higher evaluations.

The Board has granted service connection for PTSD, finding that the veteran's experiences in Vietnam provided sufficient evidence of a stressor to support his claim. The other issues involving heart disease and reopening previously denied claims have been remanded.

The Board has reopened the veteran's claims for service connection for a back disability and meningitis, but these claims are being remanded for additional development.

The veteran's request to reopen his previously denied claim for service connection of hypertension was granted. He is also awarded an increased disability rating of 10% for chronic low back strain and a 20% disability rating for residuals of a right shoulder injury, effective from the date of the decision.

The Board denied an earlier effective date for the grant of service connection for degenerative disc disease of the cervical spine, finding that the veteran's claim was not legally meritorious due to the lack of a formal request to reopen his claim. The appeal is therefore denied.

The Board denied service connection for migratory joint pain and found that the veteran's spine disabilities, including degenerative joint disease of the thoracolumbar and cervical spines, do not warrant a rating in excess of 10 percent. The veteran was also denied compensable ratings for arthritis of his shoulders.

The Board has determined that the veteran does not have a current disability of hypertension, cervical spine disability, or lumbar spine disability that is related to his military service. The VA examiner opined that these disabilities are more likely due to post-service factors and there was no evidence linking them to service.

The Board has determined that the veteran's back and left knee disabilities are not caused by his service-connected right knee disability.

The Board has reopened the veteran's claim for service connection for a low back disorder and found that new and material evidence had been submitted. The Board also determined that the preponderance of the evidence is against the veteran's claim, denying service connection for a low back disorder.

The Board has decided to remand the case due to lack of recent medical records and the need for a new VA examination.

The Board has determined that the veteran's current lumbar, thoracic, and cervical spine disabilities are not related to service. The preponderance of evidence is against the claims.

The Board has determined that the veteran's low back strain warrants a 40 percent rating from September 14, 2002 to May 12, 2006 and a 20 percent rating since May 12, 2006.

The veteran's appeal for TDIU is being remanded due to the need for additional evidence and referral to the Director of Compensation and Pension Service.

The veteran's claims for increased disability ratings were denied. The Board found that the evidence did not support higher ratings for his head injury, right knee, left knee, low back, and bilateral tinnitus conditions.

The Board has determined that the veteran's claimed right leg, left leg, and back disorders are not service-connected as they were not incurred or aggravated during his military service.

The Board denied service connection for a low back disability and did not address the claims of hypertension or psychiatric disorder.