Back / lumbar spine decisions — 2011

The Board denied the Veteran's claim for service connection for a lumbar spine disability, finding that there was no evidence to support the claim on the merits.

The Veteran's degenerative disc disease at L1-L5 has been granted a 20 percent rating since July 15, 2009. The issue of entitlement to an evaluation in excess of 20 percent for the same condition from March 18, 2005 to July 14, 2009 is still pending.

The Board has determined that the Veteran's lumbar spine disability warrants a 40 percent rating effective July 13, 2009. The disability is currently rated as 40 percent disabling.

The Veteran's service-connected lumbosacral strain with degenerative disc disease is currently manifested by forward flexion to 55 degrees, extension to 0 degrees, right and left lateral flexion to 20 degrees, right and left lateral rotation to 20 degrees; pain on range of motion; up to 40% decrease in pinprick sensation of the lower extremities; and slightly decreased ability to toe and heel walk on the right. The disability does not meet criteria for a higher rating as it has not resulted in ankylosis or incapacitating episodes requiring prescribed bed rest.

The Board found that the Veteran did not sustain a low back or right foot injury in service, and thus denied her claims for service connection for these conditions.

The Board has determined that the Veteran's current lower back disorder is related to his service, and thus grants service connection for a lower back disability.

The Veteran's pre-existing low back disability was permanently worsened by the July 27, 2004 VA colonoscopy and cystoscopy. The Board found that this additional disability was not reasonably foreseeable.