Back / lumbar spine decisions — 2008

The Board granted a rating of 20 percent for the veteran's lumbar spine disorder and denied his request for an increased rating for his left knee disorder.

The Board has remanded the veteran's claims due to insufficient development and need for medical nexus opinions regarding his current back disabilities.

The veteran's claim for a higher rating for his lumbar paravertebral myositis with bulging disc was granted, and the effective date of this increased rating is February 13, 2008.

The Board has remanded the veteran's claim due to insufficient evidence regarding whether his preexisting right hip disorder was aggravated by service and if it caused or aggravated his current low back disability. The case will be reviewed after further development.

The Board has remanded the case to obtain additional information regarding the veteran's service connection claims, including verification of in-service stressors for PTSD and exposure to herbicides for diabetes mellitus. The low back disability claim is also being remanded for a VA examination.

The Board found no evidence of a current sinusitis disability and denied service connection for this condition. For the low back strain with bilateral sacroiliitis, the Board determined that the veteran's symptoms are not related to his military service and thus denied an increased rating.

The Board found that the veteran's back disorder was not incurred or aggravated by service, and denied his claim.

The veteran's DJD of both knees, right knee, and left knee were all rated at 10 percent prior to August 23, 2004. Since then, the right knee was rated at 10 percent for extension limited to 10 degrees, but not more than 15 degrees or flexion limited to 45 degrees. The left knee was also rated at 10 percent for similar reasons. The lumbar spine syndesmophyte with anterolateral bony osteophytosis at L2, L3, L4, and L5 did not meet the criteria for a compensable rating prior to September 26, 2003. Since then, the cervical spine strain with paramedial herniated nucleus pulposus and impingement was rated as noncompensable due to forward flexion of the cervical spine greater than 15 degrees but not greater than 30 degrees. The post-operative residuals of the right shoulder (major) were also rated at a noncompensable level. Finally, the veteran's bronchitis was rated at a noncompensable level prior to February 21, 2008, and since then, it has been rated as noncompensable.

The veteran's claim for a higher rating for chronic lumbar strain prior to September 26, 2003 was granted. On and after that date, the claim was also granted with a 20 percent rating.

The Board denied the veteran's claims for increased ratings and service connection, finding no current diagnosed blood disorder or secondary disorders.

The Board has determined that new and material evidence has not been received to reopen the veteran's claims of service connection for low back, hip, and right shoulder disabilities. The claim remains denied.

The veteran's current low back disability is due to multiple post-service injuries, including motor vehicle accidents and an altercation. The manifestations of his service-connected mechanical low back pain have been effectively subsumed by the residuals of these post-service events, making it difficult for him to meet the criteria for a compensable rating.

The Board finds that the appellant's current back condition is not related to his service, and thus denies his claim for service connection.

The Board found that the veteran's current lumbar spine disability was not incurred in service and denied his claim for service connection.

The Board has reopened the claim for service connection due to new evidence, but has denied the claim as the current back disorders are not related to active service.

The Board has determined that the veteran's L5-S1 herniated nucleus pulposus is not service-connected, and his claims for increased evaluations of left little finger condition and right shoulder bursitis have also been denied.

The Board found that the veteran's current spine disorders were not related to service and denied his claims for service connection.

The Board denied the veteran's claims for service connection for bilateral knee sprain and an initial rating in excess of 20 percent for lumbosacral strain. The veteran's lumbosacral strain is currently rated at 20 percent under DC 5237, effective April 2003.

The veteran's claim for an increased evaluation of his right wrist disability was granted, effective September 1, 2004.

The Board denied the veteran's claims for service connection for residuals of a low back injury and for a skin condition of the hands. The decision on the low back injury claim is final as it was not appealed, while the withdrawal of the appeal for the skin condition claim by the appellant in June 2008 means that this issue is no longer before the Board.