Back / lumbar spine decisions — 2008

The Board has reopened the veteran's claim for service connection of a low back disability and finds that new evidence submitted since the last final denial supports this claim. The Board also finds that the current low back disability is related to service.

The veteran's claim for a higher rating for his lumbosacral disc disease is being remanded due to the need for additional medical records and an updated VA examination.

The VA determined that there is no evidence of a current low back disability and thus denied the veteran's claim for service connection.

The Board found that the veteran abandoned his claim for service connection in 1957 and thus is not entitled to an effective date earlier than January 25, 2005 for TDIU.

The veteran seeks service connection for degenerative joint and disc disease of the lumbosacral spine, which he claims is due to a back injury sustained during service. However, his service medical records are missing, making it difficult to determine if this condition is related to his military service.

The Board has granted service connection for Osgood-Schlatter disease, right knee and depression as secondary to the veteran's other conditions. Service connection was denied for degenerative disc disease of the low back, bilateral hearing loss, and tinnitus.

The Board denied the veteran's claim for an increased rating for his service-connected degenerative arthritis of the spine with chronic lumbar strain, as it did not meet the criteria for a higher rating under Diagnostic Codes 5292 and 5295.

The Board found that the veteran's currently diagnosed back disability was not caused or worsened by service, nor is it presumed to have been caused by service or caused by a service-connected disability. Therefore, service connection for the back disability was denied.

The Board has determined that the veteran's lumbar strain with degenerative changes warrants a 20 percent rating, effective from the date of claim. The Board also granted separate ratings for right-sided and left-sided sciatica.

The Board has determined that the veteran's degenerative lumbar spondylosis does not meet or approximate the criteria for a higher initial evaluation beyond the currently assigned 10 percent disability rating.

The Board found that the veteran's current low back disability, diagnosed as degenerative disc disease of the lumbar spine with dextroscoliosis, is not attributable to service. The claim for service connection was denied.

The Board has remanded the case for additional development due to the veteran's change in address and incomplete information.

The Board has determined that new and material evidence has been received to reopen the veteran's claim of service connection for low back disability. After reviewing all relevant evidence, including service records, VA medical records, and the veteran's testimony, the Board finds that service connection is warranted for degenerative disc disease and degenerative joint disease of the lumbosacral spine.

The veteran has withdrawn his appeal regarding the issue of whether new and material evidence has been submitted to establish service connection for a back disability, also claimed as degenerative arthritis and lumbosacral strain. As such, the Board dismisses this matter.

The veteran's claims for service connection and increased ratings were denied. The Board found no evidence of a chronic low back disorder, and the GERD and IBS residuals did not meet criteria for an initial rating in excess of 30 percent. The left thumb amputation was rated appropriately based on symptoms and history.

The Board granted service connection and assigned initial compensable ratings for allergic rhinitis, GERD, and left arm lymphedema. The lumbar spine disorder claim is pending in the RO.

The Board denied the veteran's claims for an initial rating in excess of 10 percent for lumbar myofascial strain and service connection for a gastrointestinal disability, claimed as heartburn. The veteran was not granted service connection for a right wrist ganglion cyst.

The veteran withdrew his appeals for increased ratings on all three issues, including the lumbosacral spine condition and sensory impairment of both lower extremities.

The veteran's mechanical low back condition is currently rated at 10 percent, and the Board has granted a higher rating of 20 percent.

The Board denied the veteran's claims for a total rating for compensation based on individual unemployability and failed to restore service connection for dyshidrotic eczema.