Back / lumbar spine decisions — 2008

The veteran's low back disability is currently rated at 10 percent, and the Board has determined that a higher rating of 20 percent is warranted based on the presence of muscle spasms and limited range of motion.

The Board has granted service connection for urinary stress incontinence, but denied service connection for low back pain and ankle edema and swelling.

The Board denied the appellant's claims of service connection for left ankle, right knee, and right ankle disorders. The decision also noted that new and material evidence was not received to reopen previous claims for these conditions.

The Board has granted the veteran's claim for an initial rating of 60 percent for service-connected degenerative disc disease of the lumbosacral spine, without deduction for preexisting impairment.

The Board has granted a 40 percent rating for the veteran's lumbosacral strain, which is the maximum schedular rating available under DC 5237.

The Board found that the veteran's service-connected degenerative disc disease of L4-5 did not meet the criteria for a rating in excess of 10 percent.

The Board has determined that the veteran's pre-existing neck, back, and skull fracture disabilities were not aggravated by service.,There is no evidence of a current stomach disability.

The Board has determined that new and material evidence has not been submitted to reopen claims for service connection for left knee disorder, low back disorder, and residuals of a lung nodule. The right foot and heel disorders are also denied.

The veteran's claims for increased ratings were denied. The Board found that the evidence did not support a higher rating for his service-connected synovitis of the right wrist, and noted that he was currently able to perform fine movements like typing and writing despite stiffness over the course of a day.

The veteran's claim for an increased disability rating for his service-connected degenerative disc disease of the lumbar spine is being remanded due to the submission of additional evidence. The RO will review this new evidence and readjudicate the issue.

The veteran's claims for an initial compensable evaluation for bilateral hearing loss and service connection for PTSD were denied. The claim to reopen a previously denied claim of service connection for narcolepsy was granted, but the claim to reopen a previously denied claim of service connection for lumbosacral strain with degenerative joint disease was not reopened.

The Board has granted a 40 percent disability rating for the veteran's degenerative joint disease of the lumbar spine, effective from November 2, 2005. Prior to this date, the condition was rated at 20 percent.

The veteran's claim for a higher rating and earlier effective date for his service-connected lumbar disability were denied. The RO assigned a 40 percent rating, effective September 26, 2003.

The Board has determined that additional development is needed to properly adjudicate the veteran's claims for increased evaluations for lumbosacral strain and muscular degeneration, left thigh. The case will be returned to the Board after completion of this development.

The Board found no evidence of a current low back disability and denied the claim. The hearing loss disability is conceded, but there is insufficient medical evidence to establish service connection.

The Board has granted service connection for chronic fatigue syndrome, bilateral side pains, arthritis due to fever of unknown origin, and cervical and lumbar spine conditions. The veteran's symptoms are presumed to be related to his active service in the Persian Gulf War.

The Board has remanded the case for further development, including obtaining medical records and scheduling an orthopedic examination to assess the veteran's lumbar spine disability. The appeal is now pending before the AOJ.

The Board has determined that there is no evidence of a current chronic low back, hip, or sexual dysfunction disability related to service. The veteran's claims for service connection are denied.

The Board has determined that the veteran's current back condition and PTSD were not incurred during his active military service.

The Board has determined that new and material evidence has been received to reopen the veteran's claim of service connection for a back disorder. The case is remanded for further development.