Back / lumbar spine decisions — 2008

The Board found no new and material evidence to reopen the claim for service connection of a back disability. The claim was denied as there is insufficient medical evidence linking the veteran's current back disability to his time in service or to his service-connected left knee condition.

The Board found that the veteran's back disability did not have its onset during service and is not proximately due to or the result of his service-connected PTSD and somatoform disorder.

The Board has reopened the veteran's claims for service connection for arthritis of the knees and lumbosacral strain, finding that new and material evidence has been submitted. The Board also found that these conditions are related to military service.

The veteran's low back disability was granted a 20 percent rating effective May 16, 2007. His cervical spine disability and TMJ dysfunction were also granted increased ratings.

The Board denied the veteran's claims for increased ratings for his low back pain and service connection for an organic brain disorder, finding that the evidence did not meet the criteria for a compensable rating under the old or new rating criteria.

The veteran's claims for increased ratings were denied as his back conditions did not meet the criteria for higher disability ratings under VA rating criteria.

The veteran's claim for increased evaluations and earlier effective dates was granted. He is now rated at 20 percent for recurrent lumbosacral strain, with separate ratings of 10 percent each for S1 nerve root irritation in the right and left lower extremities.

The VA determined that the veteran's low back disability, which is rated at 40 percent under the General Rating Formula for Diseases and Injuries of the Spine, does not warrant a higher rating as his range of motion on the thoracolumbar spine was found to be within normal limits.

The veteran's service-connected disabilities, including his low back disability and torticollis, have rendered him unable to secure or maintain substantially gainful employment since October 18, 1994. A total rating based on individual unemployability is granted from June 28, 2007.

The Board found that the veteran's service-connected residuals of a fracture of the left ring finger with weakness of handgrip do not warrant a rating in excess of 10 percent. The back disability was also denied as it was not incurred or aggravated during active duty.

The veteran's claim for a TDIU is denied as there is no legal basis for an earlier effective date. The January 2002 rating decision denying the TDIU is not subject to review due to lack of error being alleged or developed.

The Board denied service connection for lumbosacral strain with degenerative disc disease and radiculopathy, finding no evidence of a current disability related to active military service. The claim for left hip strain was also denied as there is no competent evidence linking the condition to service.

The Board has granted service connection for a neurological disorder secondary to medications used to treat his service-connected conditions, and has reopened the claim for service connection for a lumbar spine disorder.

The Board denied the veteran's claims for increased evaluations for his service-connected knee conditions and denied his secondary service connection claims for lumbosacral strain with degenerative disc disease and left hip strain.

The VA denied the veteran's claim for an increased rating for his degenerative disc disease of the thoracic and lumbosacral spines with chronic low back strain, as there was no evidence showing unfavorable ankylosis.

The Board denied the veteran's claims for service connection for lumbosacral strain with spondylosis and degenerative disc disease, neck pain, and bilateral hip pain. The Board found that there was no evidence of a pre-existing condition in service or any increase in severity during service, and thus could not establish direct service connection. The Board also determined that the veteran's current neck and hip conditions were not related to his claimed back injury.

The veteran's service-connected disabilities (chronic low back pain syndrome, major depression, and tinnitus) render him unable to secure or follow a substantially gainful occupation.

The Board found that the veteran's low back/bone spurs disability was not incurred in or aggravated by active service and arthritis may not be presumed to have been incurred therein. The issue of whether new and material evidence has been submitted to reopen the claim for service connection for degenerative disc/joint disease of the cervical spine is addressed in the REMAND portion.

The Board denied service connection for osteoarthritis of the lumbar spine with chronic low back pain and sciatic neuropathy of the right lower extremity as secondary to the low back disability due to lack of evidence linking these conditions to service.,There is no current evidence of bilateral hearing loss, tinnitus, hyperhidrosis, or residuals of cold injuries to either lower extremity.

The veteran's unauthorized private medical expenses incurred on February 10, 2006 at West Hills Hospital and Medical Center are now reimbursable due to the emergency nature of his condition.