Back / lumbar spine decisions — 2008

The Board has determined that additional development of the evidence is required to properly address the veteran's claims for service connection, including obtaining missing STRs and SPRs.

The Board dismissed the veteran's appeal regarding service connection for respiratory disorder, back disorder, right foot disorder, and heart disorder. The claim for a higher evaluation of diabetes mellitus type 2 was denied.

The Board has granted an initial rating of 20 percent for the veteran's low back disability effective October 1, 2003, and increased it to 20 percent effective September 5, 2007.

The Board denied the veteran's claims for increased evaluations for his lumbosacral strain, finding that prior to May 10, 2005, he did not meet the criteria for a rating in excess of 20 percent and on or after May 10, 2005, he did not meet the criteria for a rating in excess of 40 percent.

The Board found that the veteran's lumbar spine disability, characterized by limited range of motion and partial neutral ankylosis, does not warrant a rating in excess of 40 percent.

The veteran is seeking an increased rating for his service-connected chronic lumbar strain. The case has been remanded due to the need for a VA examination and proper notification.

The veteran's claim for increased ratings for his service-connected low back disability was adjudicated. For the period prior to February 2, 2008, a rating in excess of 10 percent is not warranted. Since February 2, 2008, a staged rating in excess of 20 percent is also not warranted.

The Board has determined that the veteran's lumbar myositis and strain with spondylosis and disc disease warrants a rating of 40 percent, effective from November 2008. The right lower extremity radiculopathy is rated as 10 percent disabling.

The veteran's claims for increased evaluation of a left mid-thigh laceration scar, service connection for post-operative residuals of low back injury and right hip disability were all denied. The Board found that the evidence did not support granting any of these claims.

The Board denied the veteran's claims for service connection for various conditions, including tinnitus, knee and back arthritis, tinea pedis, and tinea cruris. The Board also found that his hyperlipidemia was not related to his military service, hepatitis C was not incurred in service, and PTSD was not shown to be linked to active duty.

The veteran's appeal is remanded to the VAMC for issuance of a SOC regarding enrollment in a higher Priority Group for VA medical care benefits. The veteran and his representative are reminded that they must file a substantive appeal within 60 days of the issuance of the SOC.

The veteran's service-connected compression fracture lumbar vertebra is currently rated at 50 percent, but the Board finds that it does not meet the criteria for a higher rating due to lack of unfavorable ankylosis or incapacitating episodes.

The Board found that the veteran's bilateral pes planus clearly and unmistakably preexisted service, was not aggravated by service, and his residuals of stress fractures of the left and right feet were not incurred in or aggravated by active military service. The knee and hip disorders were also not related to service, nor did arthritis manifest within a year of discharge. The low back disorder was also not related to service.

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

The Board denied the veteran's claims for an initial rating in excess of 30 percent for bilateral pes planus and service connection for a back condition, finding that the evidence did not meet the criteria for a higher rating or secondary service connection.

The veteran is seeking an increased rating for his service-connected thoracic and lumbar spine scoliosis with degenerative changes. The RO has ordered a remand to obtain updated medical records, conduct VA examinations, and readjudicate the claim.

The veteran's appeal for an earlier effective date for service connection for residuals of compression fracture at C7 with degenerative disc and joint disease is dismissed as the June 1963 rating decision became final.

The Board found no evidence of a current left knee disorder or low back disorder and denied the veteran's claims for service connection.

The Board denied service connection for a low back disability in October 1952. The veteran's claim was reopened, but new and material evidence has not been submitted to substantiate the claim.

The Board found that the veteran's current lower thoracic and lumbar spine DDD is the result of in-service aggravation of a pre-existing back disability during Line of Duty (LOD).