Back / lumbar spine decisions — 2006

The veteran's carpal tunnel syndrome of the right wrist was granted service connection. For his degenerative disc disease at C5-6 with arthritic involvement, he is entitled to a rating of 10 percent from April 6, 2001, to January 24, 2005, and in excess of 10 percent on and after January 25, 2005.

The Board has denied service connection for pruritis of the palm of the right hand and a bilateral knee disability. Service connection was not established as there is no evidence of such conditions during active duty or within one year after discharge.

The veteran is appealing for a higher disability rating for his service-connected intervertebral disc syndrome, specifically multilevel lumbar spondylosis, status post L-4 S-1 spinal stabilization with fusion, with residual mild right lower extremity radiculopathy. The appeal has been remanded due to the need for additional evidence and a new examination.

The Board has ordered the case to be remanded for additional development of medical records, including those from Dr. Richard Hines and the Viera VAOPC.

The veteran's lumbosacral spine status post fusion with spondylolisthesis, degenerative arthritis, and degenerative disc disease with secondary peripheral neuropathy of bilateral lower extremities is rated as 40 percent for limitation of motion of the lumbar spine, 40 percent for incomplete paralysis of the right lower extremity, and 40 percent for incomplete paralysis of the left lower extremity.

The Board found no evidence to support the veteran's claim that his low back disorder is related to or aggravated by his service-connected left knee disorder. The issue of PTSD was remanded due to insufficient information.

The Board found that the veteran's left lower extremity neurological impairment is part of his service-connected intervertebral disc syndrome and thus does not warrant a separate rating. The effective date for the current 10 percent disability rating remains unchanged.

The Board has remanded the case to the RO for a Travel Board hearing on all issues. The veteran should be scheduled for this hearing at the earliest opportunity.

Additional evidence has been received since the last Supplemental Statement of Case, and this appeal is being remanded for further review by the RO.

The Board has remanded the case to comply with VCAA requirements and to consider all possible legal theories, including continuity of symptomatology. The veteran's claim for service connection for a back disability will be reconsidered.

The VA denied the veteran's claim for an increased disability rating for his service-connected low back strain with degenerative disc disease at L-1, currently rated as 40 percent disabling.

The veteran's claim for a disability rating in excess of 10 percent for residuals of an avulsion fracture of the left iliac crest was denied. The Board found that separate evaluations were warranted based on limitation of motion and painful motion related to service-connected arthritis.,The veteran's claims for initial disability evaluation in excess of 20 percent for arthritis of the low back, right hip, and knees, as well as a TDIU, were granted.

The veteran's claims for psychiatric disability, back disability, and transverse myelitis were denied as there is no evidence of service connection or exposure to herbicides.

The Board has determined that the veteran's current back, right knee, and right ankle disabilities are not related to his service. The claims for service connection have been denied.

The VA determined that the veteran's lumbar spine disability, which is currently rated at 20 percent, does not warrant a higher rating based on current evidence.

The Board has determined that the veteran's pre-existing lumbar spine disability was aggravated during his period of active duty, warranting service connection for this condition.

The Board granted a 60 percent evaluation for multilevel degenerative disc disease of the lumbar spine since July 18, 1997. The veteran's right and left knee meniscectomy disabilities are rated at 20 percent each.

The Board has determined that the veteran's lumbar spine disability warrants a maximum schedular rating of 60 percent, as there is no evidence of unfavorable ankylosis or incapacitating episodes.

The Board has denied the veteran's claims for service connection for residuals of yellow fever, status post tonsillectomy, and residuals of excision of a lipoma of the low back due to lack of current evidence of these conditions.

The Board found no evidence to support the veteran's claims for service connection for a back disability and numbness of the feet, as both conditions were first shown many years after separation from active duty.