Back / lumbar spine decisions — 2006

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to assess the current severity of the veteran's service-connected spinal disabilities.

The Board has determined that the veteran's service-connected degenerative disc disease of the lumbar and cervical spine does not warrant an increased rating under either the old or new VA regulations.

The veteran did not have a service-connected disability rated as totally disabling for at least ten years prior to his death, and thus DIC benefits pursuant to 38 U.S.C.A. § 1318 are denied.

The veteran's service-connected disabilities do not prevent him from securing and following a substantially gainful occupation, as his combined rating is less than the required 70% for TDIU.

The Board has remanded the case due to inadequate evidence regarding the veteran's low back disability and related issues, including a need for an MRI and further examinations.

The Board has remanded the case due to the need for a VA examination and additional development of medical records.

The veteran's service connection claim for a back disability and stress fractures of the tibia shaft was granted, with an initial rating of 40 percent for the back condition effective May 2, 2005. Service connection for left hip and femur conditions were also granted.

The Board has determined that additional development is needed to determine the nature and etiology of any current low back disability and right ear hearing loss, as well as whether service connection should be granted for these conditions. The veteran will need to undergo VA examinations to address these issues.

The Board found that the veteran's lumbar myositis did not meet or approximate the criteria for a higher evaluation, and thus denied his claim for an increased rating.

The Board finds that the veteran does not have residuals of a right hip replacement attributable to his military service. The claims for left hip and low back disabilities are pending as further examination is needed.

The Board has granted a 20 percent rating for the veteran's service-connected low back strain, effective from when the claim was filed.

The veteran's claim for a higher initial rating for service-connected degenerative disc disease of the lumbar spine is being remanded due to incomplete notification and further development is required.

The veteran's claims for increased disability ratings are addressed. The left knee is rated at 10 percent for limitation of flexion and 30 percent for limitation of extension.,The right knee is rated at 10 percent for limitation of flexion and 20 percent for limitation of extension.

The veteran's claims for increased ratings on headaches, bilateral tinea pedis, lumbar spine disability, and left knee disability are being remanded due to the need for additional evidence and a thorough VA examination.

The Board has denied the veteran's claims for service connection for psychiatric disorders (other than PTSD), low back and cervical spine conditions, and headaches. The evidence does not support a finding of current disabilities or a nexus to service.

The Board denied a higher initial rating for the veteran's degenerative disc disease of the lumbar spine, assigning an initial 10% rating prior to May 8, 1993 and a 20% rating thereafter.

The Board has remanded the case for further development due to new evidence submitted by the veteran's representative.

The Board has denied the veteran's claims for service connection for residuals of a left knee injury and a low back disorder, finding that there is no evidence to support these conditions were incurred during or aggravated by his military service.

The Board has determined that the veteran's lower abdominal pain and left sural neuropathy are proximately due to, or aggravated by, his service-connected bilateral inguinal hernia repairs. The Board also found that these conditions do not constitute a separate disability for which service connection is in order. However, the Board concluded that the veteran's degenerative disc disease of the lumbar spine may be related to his service-connected bilateral inguinal hernias.

The Board has reopened the veteran's claim of service connection for a back disability due to new and material evidence, but further development is needed before a final decision can be made.