Back / lumbar spine decisions — 2008

The Board has reopened the veteran's claim for service connection for an acquired blurred vision disorder and granted a noncompensable rating for residuals of right thumb fracture. The low back condition issue is addressed in the REMAND portion.

The veteran's appeal is being remanded for further development, including obtaining medical records and arranging for a VA pension examination to determine the nature, extent, and severity of his disabilities.

The Board denied the veteran's claims for increased rating for low back strain and service connection for left hip disability and erectile dysfunction, finding that the evidence did not warrant a higher rating or establish service connection.

The Board found no evidence of current heart or low back disabilities and denied service connection for both conditions.

The Board found that the veteran's lumbosacral strain did not warrant an evaluation in excess of 10 percent prior to September 26, 2003 and on or after September 26, 2003. The current rating is 10 percent.

The Board has determined that the veteran does not have a current disability of carpal tunnel of the right hand, bilateral knee disorder, or lower back disorder incurred in service. The claim for these conditions is therefore denied.

The veteran's claims for service connection on multiple conditions are being remanded due to the need for additional development, including obtaining Social Security Administration records and scheduling a VA examination.

The veteran's amputation of the left leg with knee disarticulation is rated at 60 percent, which is the maximum rating under applicable criteria.,For chronic lumbar strain, a 20 percent rating is granted effective January 10, 2005. Prior to this date, the condition was rated at 10 percent.,The veteran's right knee arthritis continues to be rated at 10 percent.

The Board has determined that there is insufficient evidence to determine whether the appellant's degenerative joint disease of the low back is related to service. The case is being remanded for further development, including obtaining the appellant's personnel file and scheduling an orthopedic examination.

The Board found that the veteran was not entitled to higher ratings for his cervical, thoracic, and lumbar spine disabilities prior to June 19, 2000.

The veteran's claims for increased evaluations of his right shoulder bicipital tendonitis and bursitis, cervical strain, and dorsolumbar strain were denied as the evidence did not meet the criteria for a higher evaluation under VA rating criteria.

The Board denied an increased rating for the veteran's service-connected low back disability, finding that the current evaluation of 40 percent is appropriate given the lack of unfavorable ankylosis and other compensatory factors.

The VA determined that the veteran's current back disability, including his idiopathic scoliosis and degenerative changes of the lumbar spine, was not incurred or aggravated by service. The Board found no evidence to support a finding of service connection.

The Board has determined that the veteran's low back disorder and chest disability were not incurred or aggravated during service, nor are they related to any in-service events. The evidence does not support a finding of chronicity shown in service.

The Board granted the veteran's claims for increased ratings and service connection. The veteran was awarded a 60 percent rating for his service-connected lumbar myositis with herniated nucleus pulposus, L4-L5 bilateral radiculopathy from October 16, 1998.

The Board has determined that the veteran's low back disability is not related to his service and therefore denied his claim for service connection.

The Board has determined that the veteran's bilateral knee and low back disabilities were not incurred in service, are not proximately due to or the result of his service-connected left foot/ankle disability, and have not been aggravated by it. The rating for his left foot/ankle disability is also denied.

The Board denied the veteran's claims for service connection for diabetes mellitus and a back disorder, as well as his increased rating claims. The evidence did not support a finding that these conditions were related to his military service.

The Board has remanded the case for additional development, including a VA examination to assess the extent of range of motion and functional impairment due to lumbosacral strain.

The Board has granted a 60 percent evaluation for the veteran's service-connected lumbosacral strain, superimposed on spondylolisthesis, effective January 23, 2004. The maximum schedular rating under Diagnostic Code 5293 is warranted due to pronounced intervertebral disc syndrome (IVDS) with persistent symptoms compatible with sciatic neuropathy.