Back / lumbar spine decisions — 2008

The veteran's claims for increased ratings for cervical and thoracolumbar spine disabilities were denied as the evidence did not show any additional limitation of motion or neurological abnormalities warranting a higher rating.

The veteran's service-connected chronic low back strain is currently evaluated at 20 percent, and the Board finds that a higher evaluation is not warranted.

The Board has determined that the veteran's current low back disability is related to an in-service automobile accident and granted service connection for this condition. The claim for TMJ dysfunction was denied as there is no evidence of a current disability.

The veteran's service-connected disabilities do not render him in need of regular aid and attendance or at the housebound rate for special monthly compensation.

The Board found that the veteran's low back disability, which included L5-S1 spondylolysis and L4-5 degenerative disc disease, did not warrant a rating in excess of 10 percent prior to September 26, 2003. The evidence showed no more than slight limitation of motion with subjective complaints of pain.

The Board has remanded the veteran's claims for service connection for chronic lumbosacral and cervical strain due to perceived deficiencies in the analysis provided in the January 2007 decision, and for compliance with the statutory duty to assist.

The Board has granted an increased rating of 20 percent for the veteran's lumbar spine disability, effective from the date of the claim. The decision also denied his request for a TDIU.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for back disorder, including as secondary to the service-connected residuals of chest injury. The veteran's scoliosis and lumbar spondylosis are found to be related to his service-connected chest injury.

The Board has remanded the veteran's appeal for further evidentiary development, including physical examinations to evaluate her lumbar spine and bilateral knee disabilities.

The Board has ordered a remand to obtain an updated medical opinion regarding the veteran's back disability, as the previous opinion was incomplete due to missing service records.

The veteran's claim for an increased evaluation of her low back strain with sacroiliac dysfunction is being remanded due to the need for a hearing, additional VA examinations, and consideration under both old and revised spine regulations.

The veteran's claims for service connection for lumbar spondylosis and porphyria cutanea tarda are being remanded due to the need for additional medical opinions.

The Board denied the veteran's claims for service connection for degenerative joint disease of the lumbosacral spine and hepatitis C, finding that these conditions did not manifest in service or within one year and were not causally related to military service.

The Board denied the veteran's claims for increased evaluations for asthma, sinusitis, chondromalacia of the left knee, chronic low back pain, and acne with keloidal papules on scalp, earlobes and face. The conditions were evaluated as directly related to service.

The VA determined that the veteran's diagnosed spinal disabilities are not related to his military service and therefore denied his claim for service connection.

The veteran's low back syndrome is currently rated at 20 percent, which meets the criteria for a higher rating. Her bilateral ovarian cysts and chronic endocervicitis do not warrant an initial compensable rating.

The Board has remanded the case due to deficiencies in VCAA notice.

The Board has granted service connection for right knee, right hip, and low back disabilities as secondary to the veteran's service-connected left knee disability.

The veteran's PTSD, chronic lumbosacral strain with degenerative disc disease at L5-S1 and bilateral sacroiliac arthralgia, and residuals of laparotomy due to bowel injury are all rated as 30%, 40%, 10% respectively. The combined disability rating is 70%. The veteran's service-connected disabilities do not render him unable to secure or follow substantially gainful employment.

The Board has denied the veteran's claims for service connection for mechanical low back pain and left leg numbness, finding no evidence to support a nexus between these conditions and her military service.