Back / lumbar spine decisions — 2005

The veteran's claims for increased evaluations of his lumbosacral strain, right elbow disorder, and Labrynthitis have been granted by the RO. The effective date is August 19, 1999.

The Board has determined that the veteran's low back disability, including chronic lumbar strain and lumbar disc protrusion, was incurred in service.,The Board also found that the scars of the left shoulder were incurred in service.

The veteran's low back disability, including radiculopathy in the right lower extremity, is rated at 40 percent effective September 26, 2003. The issue of increased rating for residuals of kidney stones remains unresolved.

The Board found that the veteran's low back disability and gastrointestinal disorder were not incurred in or related to his military service.

The Board denied the veteran's claims for earlier effective dates for his total disability rating based on individual unemployability and increased rating for back disability, finding no clear and unmistakable error in any of the prior decisions.

The veteran's appeal is being remanded for additional development, including obtaining records of his workplace injury and associated Workman's Compensation award, and for VA orthopedic and neurological evaluations to assess the current severity of his service-connected low back disability.

The veteran's service-connected low back disability, characterized as pronounced intervertebral disc syndrome, is rated at a 60 percent rating since July 18, 2000.

The Board denied the veteran's claims for service connection for macular degeneration of the right eye, bilateral knee condition, and residuals of basal cell carcinoma. The issues were not about service connection at all.

The veteran's claim for an increased rating for his service-connected chronic lumbosacral strain is being remanded due to the need for further development, including a VA examination and additional medical records.

The Board denied the veteran's claims for increased ratings for hiatal hernia and lumbosacral strain, as well as his claim for service connection for cardiovascular disease. The decision also addressed Section 1151 benefits for thrombophlebitis and cellulitis of the left forearm and retroperitoneal bleeding of the psoas muscle, and temporary total ratings under 38 C.F.R. § 4.29 and 38 C.F.R. § 4.30.

The veteran's low back disability is not manifested by unfavorable ankylosis of the entire spine, and a rating in excess of 60 percent for his condition is denied.

The Board denied the veteran's claims for service connection for a low back disorder and hepatitis B and C. The claim for a low back disorder was denied as there was no evidence of an in-service injury or disease that led to current disability, and the RO found that any current condition is not related to military service. For hepatitis B and C, the Board noted the absence of medical evidence linking the conditions to service despite the veteran's assertions about potential risk factors such as a bite to his right ear during service.

The VA determined that the veteran's low back disorder, which is currently rated at 20 percent disabling, does not warrant an increased evaluation as there is no evidence of severe limitation of motion or other criteria for a higher rating.

The veteran's appeal is being remanded for additional development, including obtaining updated medical records and scheduling a VA examination to assess the severity of his service-connected low back disorder.

The Board denied the veteran's claim for a rating in excess of 60 percent for his lumbar strain with right-sided sciatica, finding that the disability did not meet the criteria for a higher rating under applicable diagnostic codes.

The Board has granted a 40 percent disability rating for low back pain with degenerative changes, effective March 23, 2003. The other issues have not been resolved and remain pending.

The Board has determined that the veteran's claimed conditions, including osteoarthritis of the lumbar spine, cervical spine, fibrocystic breast disease, chronic residuals of right inguinal and umbilical hernia repairs, and a sigmoid colon disability, are not related to service or secondary to a service-connected condition. The examiner opined that these conditions are unrelated to her service-connected bilateral knee disabilities.

The veteran's appeal has been dismissed due to his death. The Board cannot adjudicate the merits of the claim as it is no longer in a pending state.

The Board granted a 40 percent rating for the veteran's service-connected low back disability, effective from March 7, 2005. The decision also addressed increased ratings for left lower extremity muscle weakness and right and left knee injuries.

The Board denied an increased rating for the veteran's chronic lumbosacral strain, finding that his disability did not meet or approximate criteria warranting a higher evaluation.