Back / lumbar spine decisions — 2008

The Board granted an increased disability rating of 20 percent for radiculopathy of the right lower extremity and assigned an effective date of January 18, 2006. The lumbar spine claim was not addressed in this decision.

The Board found that the veteran's low back disorder was not incurred in or made worse by his military service and may not be presumed to have been incurred in service.

The veteran's low back strain with degenerative disc disease is rated at 10 percent, effective January 27, 2006. A separate rating of 10 percent for neurological impairment of the right lower extremity is granted. The veteran's total knee replacement disability remains at a 30 percent rating.

The Board has determined that new and material evidence has not been received to reopen the previously denied claim of service connection for a low back disability.

The Board found that the veteran's degenerative disc disease of the lumbar spine with a bulging disc at L5-S1 is manifested by painful motion, motion in every direction with flexion greater than 85 degrees, and no incapacitating episodes. Therefore, an initial rating higher than 10 percent was denied.

The veteran's low back strain with intermittent upper trapezium back muscle strain has not been shown to meet the criteria for a higher rating, as it does not result in forward flexion of the thoracolumbar spine of 30 degrees or less or favorable ankylosis of the entire thoracolumbar spine.

The Board denied the veteran's claims for service connection for hypertension and an increased evaluation for lumbosacral strain, finding that there was no evidence of onset during active service or a relationship to service. The veteran's claim for hypertension was denied due to lack of continuity of symptomatology with service, while his claim for lumbosacral strain was denied as the disability did not meet the criteria for higher ratings based on range of motion and incapacitating episodes.

The Board has determined that the veteran's low back disability was not incurred in or aggravated by service, and thus denied his claim for service connection.

The Board has remanded the case for further development, including a recharacterization of the veteran's service-connected disability and consideration of an extra-schedular evaluation.

The Board found that the veteran's cervical spine disorder and bilateral knee disorders are not related to her service. The lumbar spine disorder was denied, Graves disease was denied, and the claims for reopening were not addressed.

The Board granted an increased evaluation of 40 percent for the service-connected low back disability beginning on June 9, 2006.

The Board found that the veteran's current back condition is not related to his service and denied his claims for service connection.

The Board has determined that the veteran's current back and neck disabilities were not incurred or aggravated by service, and thus denied his claims for service connection.

The veteran's lumbar spine disability was granted an increased evaluation to 20 percent effective October 1, 2005.

The Board has granted the veteran's claim for service connection for low back disability, finding that it is at least as likely as not related to his service-connected bilateral pes planus and right knee disabilities.

The Board found that the veteran's low back disorder was not incurred in or aggravated by his military service and may not be presumed to have been incurred in service.

The Board has granted service connection for low back and right knee disorders, with an initial rating of 40 percent for the low back disorder.

The veteran's loss of use of a hand or foot is not due to his service-connected PTSD, and therefore he is not entitled to special monthly compensation based on loss of use of a hand or foot.

The Board has determined that the veteran's low back disability warrants a combined rating of 52 percent, with two separate 20 percent ratings for bilateral sciatic neuropathy and one 20 percent rating for limitation of motion. The veteran is therefore granted an increased rating to 40 percent.

The Board denied the veteran's claim for an increased evaluation for his service-connected lumbosacral strain, finding that the current 20 percent rating adequately reflects the severity of his disability.