Back / lumbar spine decisions — 2006

The Board has remanded the case for additional development, including obtaining medical records and arranging for a VA examination to determine if the veteran currently suffers from a lower back disability and its etiology.

The VA denied the veteran's claim for an initial evaluation in excess of 20 percent for his service-connected degenerative disc disease of the lumbar spine, finding that it currently meets the criteria for a 20 percent rating.

The Board has denied the veteran's claims for various conditions, including service connection and increased ratings. The appeals were not successful in all cases.

The veteran's claims for increased ratings and a total disability rating based on individual unemployability due to service-connected disabilities were denied. The Board found that the evidence did not support higher ratings for his degenerative joint disease of the lumbosacral spine with history of radiculitis or laceration of the liver.

The veteran's service-connected low back disability, which included a laminectomy and degenerative spondylosis, was rated at 40 percent prior to October 2, 2003. The claim for an initial rating in excess of 40 percent is granted.

The veteran's back strain with mechanical low back pain was initially evaluated as noncompensable prior to January 31, 2004. As of that date, a 10% evaluation is granted.,From May 18, 2002 to January 30, 2004, the veteran's history of excision of cyst of the left wrist was evaluated as noncompensable. A 10% evaluation is granted as of January 31, 2004.

The Board found no evidence of chronic disabilities related to the veteran's claimed conditions during or after service, and thus denied his claims for service connection.

The Board has remanded the veteran's claims due to the need for additional development, including obtaining medical records and scheduling VA examinations.

The veteran's claims for service connection for left carpal tunnel syndrome, a back disorder, and a bilateral foot disorder are being remanded due to the need for additional development.

The Board denied service connection for low back condition, right ear hearing loss, and left ear hearing loss due to lack of evidence linking these conditions to service. The veteran's current hearing levels do not meet the criteria for a disability as defined by VA regulations.

The veteran's service-connected residuals of a gunshot wound to Muscle Group XVII of the left hip are evaluated as 40 percent disabling. The claim for an increased rating is denied.,Service connection is not warranted for a disability of the lumbar spine, to include degenerative disc disease and degenerative joint disease; entitlement to service connection for a disability of the left sacroiliac joint with outward rotation of the left foot; and entitlement to service connection for a right foot disability are denied.

The veteran's appeal is being remanded due to issues with the initial disability ratings for his service-connected conditions, including sinusitis, degenerative intervertebral disc disease of the thoracolumbar spine, and vasectomy. The RO must provide a statement of the case addressing these issues and ensure that all necessary development has been conducted.

The Board denied the veteran's claim for a TDIU based on service-connected disabilities, finding that his combined rating did not meet the schedular requirements and that he was not unemployable due to these conditions.

The Board denied service connection for a sinus disorder and granted increased ratings for PTSD and headaches, but denied the request to reopen the claim for service connection of a back disorder. The veteran's PTSD is currently rated at 30 percent, and her headaches are rated at 30 percent.

The Board has granted a higher evaluation of 20 percent for the veteran's service-connected lumbar spine disorder, but denied an increased rating for his hiatal hernia.

The Board found no evidence of a current low back strain or an acquired psychiatric disability that is related to service. The veteran's claims were denied.

The veteran's claim for an initial evaluation in excess of 20 percent for lumbar disc disease with history of laminectomy at June 23, 1998 is being remanded due to the need for a new examination.

The VA has denied the veteran's claims for service connection for a low back disability, osteoarthritis of the lumbar spine, and sacroiliac joint dysfunction. The evidence does not establish that these conditions are related to service.

The Board denied service connection for right lower extremity length discrepancy, right knee disability, and lumbar spine disability as secondary to residuals of right ankle fracture with degenerative changes.

The Board has determined that the veteran's neck scoliosis and torticollis were permanently aggravated by service, resulting in arthritis and degenerative disc disease of the cervical spine. Service connection for these conditions is granted.