Back / lumbar spine Board decisions

The Board has determined that additional development is needed to determine the nature and etiology of any hip and back disorders, as well as the severity of the veteran's service-connected left ankle disorder. The case will be returned for further action.

The Board denied the claim for an increased rating and found that there was no factual basis to grant a higher evaluation. The appeal regarding the effective date of the total disability rating based on individual unemployability is also denied.

The Board has determined that the veteran's claims for increased ratings for his left humerus and back disabilities are denied as there is no evidence of loss of head of the humerus or flail shoulder, which would warrant a higher rating. The veteran's complaints of pain and muscle fatigue do not result in additional functional limitation beyond what is already contemplated by the current 60 percent and 30 percent ratings.

The veteran's tendinitis of the right rotator cuff, right PFJS, left PFJS, and lumbosacral strain are each rated at 10 percent.

The Board has remanded the case due to insufficient evidence and needs further development before a final decision can be made.

The Board has reopened the veteran's claim for pes planus due to new and material evidence submitted since the last denial. The issue of whether the veteran engaged in combat with the enemy during service is also addressed.

The Board denied the claims for an increased rating for service-connected left shoulder clavicle fracture and service connection for upper back, left arm muscle group, and left arm nerve disabilities secondary to the service-connected left shoulder clavicle fracture due to lack of well-groundedness.

The veteran's service-connected degenerative disc disease at L5-S1 is productive of severe intervertebral disc syndrome with recurring attacks of symptoms compatible with sciatic neuropathy and with intermittent relief, warranting a 40 percent rating.

The veteran's claim for special monthly pension based on the need for regular aid and attendance has been denied as she does not meet the criteria for such benefits due to her ability to perform daily activities without significant assistance.

The Board has dismissed the veteran's appeal for a timely substantive appeal of the denial of an increased evaluation for status post ACL reconstruction of the right knee. The claims for higher ratings for PTSD, patellofemoral pain syndrome (left knee), and myofascial lumbosacral spine pain are still pending.

The Board has denied the claim for an effective date earlier than August 18, 1997 for service connection of residuals of injury to lumbar spine and post-traumatic headaches.

The veteran is seeking an earlier effective date for his total rating based on individual unemployability, but the RO has denied this request. The case will be remanded to obtain additional evidence and ensure full compliance with VA's duty to assist.

The Board denied the veteran's request for an earlier effective date of February 12, 1992, for service connection due to new and material evidence submitted in support of his reopened claim.

The Board has determined that the veteran's service-connected low back disability warrants a 40 percent evaluation, based on marked limitation of forward bending and loss of lateral motion.

The Board has granted a 20 percent evaluation for the veteran's service-connected degenerative joint and disc disease of the lumbar spine, effective June 7, 1999. The evaluations for his bilateral knee disorders remain at 10 percent.

The Board has determined that additional development is needed to properly address the veteran's claims, including obtaining medical records and conducting examinations.

The Board finds that the appellant's claimed spinal, left ankle and TMJ disabilities were not incurred or aggravated in active service. The evidence does not support a finding of service connection for these conditions.

The Board found that the veteran's low back disability, including a herniated disc at L5-S1, existed prior to his active duty for training and was aggravated during this period. The condition is therefore considered service-connected.

The Board has granted a 20 percent rating for the veteran's service-connected lumbosacral strain with spondylolisthesis at L5-S1, finding that the disability picture more nearly approximates moderate limitation of motion. The next higher rating under Diagnostic Code 5292 is warranted.

The Board has determined that the veteran's current disabilities of the cervical and lumbar segments of the spine are related to his military service.