Back / lumbar spine decisions — 2005

The veteran's degenerative disc disease of the lumbosacral spine has been rated at 40 percent since September 23, 2002. The rating is based on moderate limitation of motion and moderate neurological impairment.

The Board has remanded the case for additional development, including a VA psychiatric and spine examination. The veteran's claim for service connection for dysthymic disorder secondary to his service-connected back disorder is pending, as well as his claim for an increased rating for his spinal condition.

The veteran's chronic low back discogenic degenerative disease is manifested by daily stiffness and pain, forward flexion limited to 30 degrees, but does not result in ankylosis of the spine, incapacitating episodes having a total duration of at least six weeks during the past twelve months, or chronic neurologic manifestations. Therefore, his claim for a disability rating greater than 40 percent is denied.

The veteran's appeal of his claim for a total disability rating based on individual unemployability was withdrawn. The case is being remanded to obtain additional medical records and to schedule the veteran for a VA examination.

The Board denied an increased evaluation for the veteran's service-connected degenerative disc disease with facet hypertrophy, finding that the evidence did not meet the criteria for a higher rating prior to July 22, 2003 and from July 22, 2003.

The veteran's claims for increased initial evaluations for low back strain and right shoulder strain are being remanded due to the need for additional medical examination.

The Board denied the veteran's claims for service connection for various orthopedic, respiratory, and cardiovascular disabilities. The right wrist disability was not related to military service, nor were the low back or bilateral knee disabilities. The bilateral foot disability (plantar warts) was linked to active duty. Hypertension was not shown to be related to military service.

The Board has determined that additional development is needed before the issue of service connection for a back disability can be decided.

The Board has remanded the case due to incomplete development and the need for additional evidence, including service personnel records and medical opinions. The veteran's claims for back and left hip disabilities are being reviewed.

The Board has remanded the case for further development and consideration of the veteran's claims, including reopening service connection claims and addressing his right thumb disability.

The Board has determined that the VA's duty to notify and assist in this case has not been fulfilled, necessitating further development of the claim.

The Board has denied the veteran's claims for service connection for low back, left knee, and right shoulder disorders. The evidence does not support a finding that any of these conditions were incurred or aggravated by military service.

The veteran is seeking service connection for cervical and lumbar spine injuries, but the claims are being remanded due to a lack of medical examination and records.

The VA denied an increased rating for the veteran's lumbar strain, currently rated at 20 percent.

The Board has determined that the veteran's preexisting bilateral pes planus disability underwent an increase in disability during active service, and therefore, service connection is granted for this condition.

The Board has remanded the case for additional development, including obtaining medical records and providing the veteran with VCAA notice.

The veteran's appeal is for a higher initial rating of 10 percent for intervertebral disc syndrome (IVDS) of the lumbar spine. The case has been remanded due to need for further development, including comprehensive orthopedic and neurologic examinations.

The Board has remanded the case for additional development, including obtaining medical records and providing VA examinations to determine the nature and etiology of the veteran's claimed conditions.

The Board denied the veteran's claim for service connection for a low back disability, finding that there was no medical evidence linking his current condition to his military service.

The Board denied the veteran's claims for service connection for hypertension and a disability rating in excess of 20 percent for myositis and degenerative joint disease of the lumbosacral spine. The veteran's hypertension was not found to be due to his service-connected diabetes mellitus, and he did not provide sufficient evidence to support a nexus between his current hypertension and his service-connected diabetes.