Back / lumbar spine decisions — 2005

The Board has remanded the case for further development, including obtaining information from CURR regarding a back injury in May 1969 and scheduling an appropriate VA examination to determine if any current back disorder is related to service.

The Board has determined that the veteran does not have any current disabilities for which service connection is warranted, including those claimed as residuals of a left knee injury, loss of balance, poor memory due to a damaged lymphatic nerve, a hernia, a hearing disorder, poor eyesight, the residuals of a back injury, and a shoulder disability. The evidence does not support these claims.

The Board denied the veteran's claim for a total disability rating based on individual unemployability due to his service-connected back disability, finding that he is not unemployable.

The Board has denied the veteran's claim for service connection for residuals of a lumbar laminectomy and his increased rating claim for fibromyositis. The evidence does not support a finding that these conditions are related to military service or any service-connected disability.

The Board denied the veteran's claims for service connection for bilateral foot disability and low back disability, finding that there was no evidence of a chronic condition during or within one year after service. The Board also found that any current conditions were not related to service.

The veteran's service-connected disabilities, including diabetes mellitus and lumbosacral strain with degenerative disk disease, L5-S1, have been rated appropriately. The TDIU claim has also been granted.

The Board has determined that the veteran's low back disability, which is a combination of degenerative joint and disc disease with bilateral radiculopathy, warrants a schedular rating of 60 percent based on intervertebral disc syndrome criteria effective as of March 1991. The maximum schedular rating available for this condition was granted.

The Board denied the veteran's claim for an increased disability rating for his service-connected chronic lumbosacral strain, finding that it did not meet the criteria for a higher evaluation.

The veteran's service-connected lumbar spine and right ankle disabilities have been rated, but the appeals for higher ratings are denied.

The Board has determined that the veteran's current low back disorder, manifested by chronic low back pain and x-ray evidence of anterior wedging of the 11th and 12th thoracic and 1st lumbar vertebrae, was incurred during service.

The veteran's low back disability is rated at 40 percent, and his hypertension remains at a 10 percent rating. The case is remanded for further development regarding the low back disability.

The veteran's appeal has been withdrawn prior to the Board making a decision.

The Board denied a higher disability rating for the veteran's degenerative disc disease of the lumbosacral spine, finding that the evidence did not meet the criteria for a rating in excess of 20 percent.

The Board has determined that new and material evidence has been received to reopen the veteran's claim for service connection for a back disorder. The RO previously denied this claim in September 1959, which became final due to lack of timely NOD. The current decision denies all issues related to service connection.

The Board found no evidence to support the veteran's claims for service connection for an acquired psychiatric disorder, including bipolar disorder, and a lumbosacral strain. The veteran's mental health issues are believed to have begun in childhood, while his physical back condition is attributed to a motor vehicle accident.

The Board denied the veteran's claims for increased evaluations of his service-connected hypertension, right knee instability, right knee degenerative joint disease, peeling feet (dermatophytosis, tinea unguium, and tinea pedis), and lumbosacral strain.

The veteran's claim for an increased evaluation of his service-connected mechanical low back pain is being remanded due to procedural defects and the need for a current VA examination.

The Board denied the veteran's claims for service connection for a back condition and a psychiatric condition (to include post-traumatic stress disorder), as well as his claim for basic eligibility for nonservice-connected disability pension benefits. The issues were remanded to the RO, but further action has not been taken on these matters.

The Board has reviewed evidence submitted since the September 1992 RO decision and finds that it does not relate to an unestablished fact necessary to substantiate the claims of service connection for asthma and residuals of a low back injury. As such, new and material evidence has not been received to reopen these claims.

The veteran's service-connected degenerative disc disease of the lumbar spine was initially rated at 10 percent prior to December 1998, and then increased to 20 percent effective in December 1998. A separate 10 percent rating for right lower extremity radicular neuropathy from March 22, 2004, was established. The veteran's disability picture did not warrant a higher rating under the applicable diagnostic codes.