Back / lumbar spine Board decisions

The veteran's claim for an increased evaluation of his low back strain is being remanded due to the need for additional development, including a VA examination and consideration of revised rating criteria.

The Board denied the veteran's claims for service connection for a right shoulder disorder and did not reopen his claims for low back, anxiety, and COPD. The evidence submitted since the 1976 rating decision does not raise a reasonable possibility of substantiating any claim.

The veteran was granted a total evaluation based on individual unemployability due to service-connected disabilities effective July 30, 2002. The decision is based on the severity of his service-connected back disability and neurogenic bladder.

The veteran was granted initial compensable ratings for patellofemoral syndrome of the right and left knees, as well as lumbosacral strain from October 30, 2002 to May 17, 2004.,From May 18, 2004 onwards, he was granted initial ratings in excess of 10 percent for patellofemoral syndrome of the right and left knees, as well as lumbosacral strain.

The VA has granted a 60 percent evaluation for the appellant's degenerative joint disease of the lumbar spine, L4-5 bulging disc. The current rating is based on the disability being evaluated under the general rating formula for diseases and injuries of the spine.

The Board determined that the veteran's low back disability was not incurred in or aggravated by active duty service, nor may arthritis of the low back be presumed to have been so incurred.

The veteran's claims for increased ratings and service connection were generally granted, with some issues having specific rating assignments.

The Board has remanded the case due to new evidence received from Stone Mountain Health Services and missing VA treatment records. The veteran's claim for service connection for a back disorder will be reconsidered with these additional records.

The veteran's claim for an earlier effective date for service connection of lumbar strain with disc disease and arthritis is being remanded due to the need for VCAA notification.

The Board denied service connection for a low back disability and arthritis secondary to the veteran's service-connected fracture of the left fibula. The RO also denied an increased evaluation for numbness, weakness, and muscle cramps of the left leg. All claims were denied as new and material evidence was not submitted.

The Board denied the veteran's claim for an earlier effective date of May 13, 1993, for his award of a total rating based upon individual unemployability due to service-connected disabilities.

The veteran does not have disabilities involving the head, neck or back as a result of an injury, or aggravation of an injury, attributable to a December 1998 VA shuttle van incident. Therefore, his claim for compensation under 38 U.S.C.A. § 1151 is denied.

The Board has remanded the case for further development, including obtaining a medical opinion to distinguish orthopedic and neurologic signs and symptoms of lumbosacral strain with herniated disk from other etiology. The veteran's cervical spine claim is also being remanded due to VCAA compliance issues.

The Board has determined that the veteran does not have degenerative arthritis of the fingers, shoulders, wrists, legs, ankles, feet, low back, or neck that is attributable to his military service.

The veteran's service-connected disabilities do not allow him to leave his house, and he is seeking special monthly compensation by reason of being housebound. The RO has remanded the case for further development including a VA examination.

The veteran's lumbar spine disability is currently rated at 40 percent, which is the maximum available rating for this condition.

The Board has granted a 60 percent rating for the veteran's degenerative joint disease of the lumbosacral spine with L5-S1 radiculopathy, effective from the date of the initial award. The right eye disability issue remains pending.

The Board denied the veteran's claims for service connection for sun damaged skin and chronic dermatitis of the hands and feet, claimed as undiagnosed illness; residuals of posttraumatic lumbar syndrome and bilateral sacralization of L5; and Hepatitis A. The evidence did not support a finding that these conditions were related to active service.

The VA determined that there is no competent evidence linking the veteran's current low back disability to service, and thus denied his claim for service connection.

The Board has determined that a reasonable doubt exists regarding the veteran's low back disability, which was incurred in service. The bilateral ulnar nerve problems are also considered secondary to his low back disability. Other than for rating purposes, nerve damage in the lower extremities is not considered a distinct disability for purposes of establishing service connection.