Back / lumbar spine decisions — 2005

The veteran's claim for a higher initial rating and an extra-schedular rating for his service-connected low back disability is being remanded for additional development.

The Board denied the veteran's claims for service connection for hypertension, residuals of a stroke, and TDIU due to lack of evidence supporting these conditions. The veteran was found not to have current disabilities that would warrant service connection.

The veteran's low back disability is currently rated at 50 percent, but the Board finds that a higher rating is not warranted based on the evidence.

The Board denied the appellant's claims for service connection for a low back disability and a respiratory disorder, finding that there was no evidence of such disabilities during or immediately following active duty training. The Board also noted potential exposure to diesel fuel fumes post-service but did not find this sufficient to establish service connection.

The veteran's low back disability is currently rated at 20 percent, and a separate rating of 10 percent for peripheral neuropathy of the anterior left thigh is granted effective September 23, 2002.

The veteran's appeal is being remanded to determine if he has service-connected peripheral neuropathy of the lower extremities that is secondary to his service-connected back disability, and whether this condition, along with left foot drop, precludes him from locomotion without the aid of braces, crutches, canes, or a wheelchair. The veteran also seeks specially adapted housing or special home adaptation grant.

The Board has granted a 60 percent rating for the service-connected post-operative partial hemilaminectomy and discectomy with chronic low back pain and left leg pain, effective from the day following the date of discharge in January 2000.

The Board has remanded the case for further development, including obtaining medical records and providing an addendum from a VA physician regarding the relationship between the veteran's cervical spine disability and his service-connected knee disabilities. The veteran also needs to provide any private medical records related to his fall in November 2001.

The Board has remanded the case for additional development, including obtaining VA and private treatment records, arranging for specialized examinations to assess the severity of the veteran's lumbar spine disability, and reviewing the evidence to determine if a TDIU is warranted.

The Board has denied the veteran's claims for service connection for various conditions, including hypertension, prostate cancer, coronary artery disease, hypercholesterolemia, right knee and leg disorders, left shoulder disorder, cervical spine disorder, and lumbar spine disorder. The reasons are that there is no evidence of these conditions during service or a link to service.

The Board has determined that the veteran's back disorder and nephritis are not related to his military service, and thus denied both claims for service connection.

The veteran's claim for a higher rating for his service-connected traumatic arthritis of the lumbar spine is being remanded due to new evidence that needs to be considered.

The Board has remanded the case due to insufficient evidence regarding whether the veteran's current low back disability is related to service, including a December 1972 injury at Fort Eustis, Virginia. The VA will conduct further examination and review of the claims file.

The veteran's service-connected disabilities do not meet the criteria for a TDIU as his combined rating is 70% and he has been deemed capable of employment.

The Board denied service connection for a low back disability and depressive disorder, finding that the disabilities are not related to the veteran's service-connected residuals of a laceration of the left fourth finger with amputation. The claim for an initial rating greater than 20 percent for residuals of a laceration of the left fourth finger was also denied.

The Board granted an increased rating of 30 percent for the veteran's residuals of a right ankle fracture, effective from June 15, 2002. The claim for service connection for a left hip disability as secondary to his service-connected right ankle fracture was also granted.

The Board found that the veteran's Scheuermann's disease existed prior to service and was not shown to have worsened during service. The current back disorders, including degenerative joint disease of the lumbar spine and osteoarthritis of the lumbar spine, were not determined to be related to service or pre-existing conditions.

VA denied the veteran's claims seeking retroactive increased ratings for her service-connected low back disability. The RO found that the earlier rating decisions were not clearly and unmistakably erroneous.

The Board denied the veteran's claim for an increased rating of his low back disability, finding that the evidence did not support a higher evaluation in excess of 40 percent prior to November 4, 2000.

The Board denied the veteran's claims for increased evaluations and service connection, as well as an earlier effective date for a tinnitus rating. The issues of organic brain syndrome, hypertension (secondary to sleep apnea), anxiety disorder (secondary to organic brain syndrome), and residuals of fracture of the right femur are all in appellate status.