Back / lumbar spine decisions — 2008

The Board has determined that the veteran's service-connected right rhomboid sprain with cervical strain and low back disability do not warrant a rating higher than the current assigned ratings of 30 percent and 10 percent, respectively.

The veteran's claims for increased ratings for his service-connected lumbar spine and right lower extremity disabilities are being remanded to the RO for further development, including obtaining updated VA treatment records and scheduling the veteran for additional examinations.

The veteran's appeal is remanded due to insufficient examination report for rating purposes. The case will be returned for clarification and further development.

The veteran's claim for an earlier effective date for a 10% disability evaluation for his service-connected muscular lumbosacral strain has been denied. The Board found that the increase in severity of symptoms occurred after January 7, 2004 and thus the earliest possible effective date is January 7, 2004.

The veteran's service-connected low back disability warrants a 20 percent rating effective March 9, 2005. Her anxiety disorder is rated as 10 percent disabling.

The Board has reopened the veteran's claim for service connection for a low back disorder, including spina bifida occulta. The VA examiner diagnosed degenerative disc and joint disease of the lumbar spine, which is considered new and material evidence. However, the Board found that there was no evidence of arthritis within one year of discharge from active duty service, thus not warranting service connection under presumptive provisions. The veteran's current low back disorder is also not related to his military service.

The Board has granted service connection for residuals of left shoulder surgery and a left knee disability. Service connection was denied for low back disability and sinusitis.

The Board has determined that the veteran's low back and bilateral hip disabilities are not related to her service, and thus denied both claims.

The Board granted a 10 percent evaluation for degenerative disc disease, lumbar spine from October 25, 2004 to January 17, 2008. The claim of service connection for PTSD was reopened due to the submission of new and material evidence.

The veteran's claims for increased evaluations and earlier effective dates for his right shoulder and low back disabilities were denied. The RO found that the evidence did not support higher ratings or earlier effective dates.

The veteran's claims for bilateral hearing loss disability, arthritis of the right hand, and a back disorder have been denied. The claim for bilateral hearing loss disability has been reopened due to new evidence provided by private physicians indicating that his current condition may be related to service.,No evidence was found linking the veteran's current conditions (arthritis of the right hand and a back disorder) to service.

The veteran's service-connected residuals of a compression fracture of the lumbar spine have not met the criteria for an increased rating beyond the currently assigned 10 percent evaluation.

The veteran's appeal is being remanded for further development, including additional VA examinations and consideration of the claims in light of newly obtained evidence.

The Board has dismissed the appeals for service connection for a back disability, diabetes mellitus, type II, and stroke due to withdrawal by the veteran. Service connection for COPD is denied.

The Board found no evidence of a nexus between the veteran's current degenerative joint disease of the lumbosacral spine and his active military service, including any in-service injuries. The claim was denied.

The Board denied the veteran's claim of service connection for degenerative arthritis of the lumbar spine, finding that new and material evidence had not been submitted to reopen the claim. The Board also determined that there was no evidence linking the current disability to service.

The Board has determined that there is no current evidence of a left knee, left shoulder, or back disability. Therefore, the veteran's claims for service connection have been denied.

The Board of Veterans' Appeals has remanded the case for further development, including a medical examination and consideration of potential entitlement to a total disability rating based on individual unemployability (TDIU).

The veteran's lumbar strain disability has been rated at 20% since March 21, 2008. His cervical spine and flat feet disabilities remain rated at 10%. The Board granted the increased rating for the lumbar strain.

The VA determined that the veteran's cervical spine disability, which includes degenerative joint disease and degenerative disc disease, does not warrant an evaluation in excess of 20 percent.