Back / lumbar spine decisions — 2009

The VA denied the Veteran's claim for an increased evaluation in excess of 20 percent for his low back strain with degenerative changes, as it did not meet the criteria for a higher rating based on the current evidence.

The Veteran's claims for increased evaluations and initial evaluations in excess of the current ratings for his service-connected cervical spine degenerative disc disease and lumbar spine with thoracic spondylosis have all been denied.

The Veteran argues that the October 1994 rating decision incorrectly evaluated evidence and should have granted service connection for right shoulder disability and back disability based on their secondary relationship to a previously service-connected condition.

The Veteran's muscle strain of the right scapular area and degenerative disc disease of the lumbar spine have been granted service connection. The Veteran is currently rated at 10 percent for his degenerative disc disease of the lumbar spine.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and vocational rehabilitation records. A VA examination will also be conducted to evaluate his low back disability and determine the relationship between his foot disorder and active duty service.

The Veteran's lumbar spine disability has been rated at 20 percent since February 14, 2007. The effective date for this rating is set to November 9, 2006.

The Veteran's claim for a higher initial rating of 20 percent for degenerative disc disease of the lumbar spine with right-sided sciatica, prior to February 24, 2002, was granted. The RO assigned a separate 40 percent disability rating effective from February 24, 2002.

The Board has determined that the Veteran's kyphosis, with lumbar degenerative disc and joint disease, was incurred during active service.

The Board found that the Veteran's back disorder preexisted service and did not undergo a permanent worsening during active duty, thus denying service connection.

The Board has determined that the Veteran's current lumbar spine disorder is not related to his active service and therefore denied his claim for service connection.

The Board denied the Veteran's claims for service connection for a left knee disorder, an increased rating for his right knee disability, and an increased rating for his lumbar para vertebral myositis with L5 radiculopathy. The decision found that the Veteran's left knee disorder did not have its onset during service or be related to his service-connected disabilities. For his right knee and back disabilities, the Board determined that a 40 percent rating was warranted based on the chronic orthopedic manifestations of IVDS and separate 10 percent evaluations for the chronic neurologic manifestations in both lower extremities.

The Board found that there is not sufficient evidence to establish service connection for the Veteran's low back disorder, as it did not become manifest during or within one year after his military service. The preponderance of the evidence does not support a finding that the current degenerative disc disease is related to his military service.

The Veteran's lumbar spine disability has not been characterized by severe limitation of motion or severe lumbosacral strain, and therefore a rating in excess of 20 percent is denied.

The Board has determined that the Veteran's service-connected lumbar spine disability warrants a higher disability rating than the currently-assigned 20 percent. The claim is granted.

The Veteran's claims for service connection for fevers, chilly feelings, dyssomnia, aching joints, and a skin condition have been denied as there is no objective evidence of these conditions during or after service.

The Veteran's right shoulder disability is currently rated as 20 percent disabling, and the Board finds that a higher initial rating is not warranted.,For the period from May 4, 2001, through November 24, 2003, the Veteran's low back disability was evaluated at 10 percent for limitation of motion. From November 25, 2003, it has been rated as 20 percent due to additional functional loss.

The Veteran's appeal is being remanded to the RO for scheduling a Travel Board hearing. The issues include seeking increased ratings and service connection for various conditions secondary to his right knee disability.

The Veteran's service-connected low back syndrome was rated as 10 percent prior to August 15, 2006 and denied for a higher rating. Since August 15, 2006, the Veteran's disability has been rated at 20 percent.

The Board found that the Veteran's lumbar spine disability was not incurred in or aggravated by his active duty service.

The Board has remanded the case for further development regarding the exact dates of the Veteran's military assignment during 1999. The AMC must contact NPRC and the Georgia Adjutant General to obtain this information.