Back / lumbar spine decisions — 2006

The veteran's low back disability is rated at 60 percent disabling, and his TDIU claim is granted due to the combined effect of multiple service-connected disabilities.

The veteran's hepatitis C is currently evaluated as 20 percent disabling, and his GSW residuals are currently evaluated as 10 percent disabling. The Board finds that the evidence does not support a higher evaluation for either condition.

The Board denied service connection for a back condition, a condition of the ribs, and hemorrhoids as there is no evidence of current disabilities related to service.

The Board denied the veteran's claims for service connection for diabetes mellitus, hypertension, peripheral neuropathy of the lower extremities, headaches, and a low back disorder, all claimed as secondary to exposure to Agent Orange. The appeals were based on presumptive service connection.

The veteran's claim for an initial rating in excess of 10 percent for degenerative joint disease of the lumbar spine is being remanded due to the need for additional development, including obtaining private and worker's compensation records.

The Board has determined that the veteran's low back disorder was not incurred during service and is not related to his military service. As a result, the claim for service connection for a low back disorder is denied.

The veteran's claim for special monthly pension based on the need for regular aid and attendance of another, or at the housebound rate is denied as he does not meet the criteria for either benefit.

The Board has remanded the case for further development and consideration of all issues, including whether new and material evidence has been received to reopen a claim of service connection for a lumbar spine disability, entitlement to service connection for a sleep disability secondary to GERD, and an increased rating for hiatal hernia with GERD.

The Board denied the veteran's claims for an increased rating and a total disability rating based on individual unemployability due to his service-connected herniated nucleus pulposus of the lumbosacral spine, finding that the evidence did not meet the criteria for higher ratings under the applicable VA rating criteria.

The Board of Veterans' Appeals has remanded the case for further review due to an inadequate VA medical examination and a need for additional evidence. The veteran's claim of entitlement to service connection for a low back disorder will be reconsidered based on all available evidence.

The veteran's claims for increased compensation and earlier effective dates were denied. The case is being remanded to obtain a VA examination of the low back.

The veteran's claim for an earlier effective date for a 40% evaluation of degenerative disc disease of the cervical spine is denied as there is no evidence showing that his disability warranted such a rating prior to March 24, 1999.

The veteran's claims for higher ratings for his low back and left knee disabilities have been denied. The RO has awarded the highest schedular ratings possible, but the veteran is seeking even higher ratings.

The Board has denied the veteran's claims for service connection for a back disorder, liver disorder, and hemorrhoids as there is no medical evidence linking these conditions to his military service.

The veteran's low back disability is currently rated at 40 percent, and his right knee and left knee disabilities are each rated at 30 percent. The issue of instability of the left knee remains unresolved.

The veteran's low back disability was evaluated at a 20 percent rating prior to January 23, 2002 due to moderate recurring attacks of intervertebral disc syndrome or moderate limitation of motion.

The VA has determined that the veteran's service-connected low back strain with levoscoliosis does not warrant a rating higher than 40 percent, as his symptoms do not meet the criteria for an evaluation in excess of this level.

The veteran's initial ratings for his service-connected cervical spine disability, sarcoidosis, and hemorrhoids have been denied.,For the cervical spine, a rating in excess of 10 percent is not warranted as there is no evidence of incapacitating episodes or chronic orthopedic and neurologic manifestations that would justify such a higher evaluation.,For sarcoidosis, a compensable rating is not warranted due to lack of persistent symptoms requiring maintenance or intermittent corticosteroids.,For hemorrhoids, the veteran's disability picture more closely resembles large or thrombotic hemorrhoids with frequent recurrences.

The Board denied the veteran's claim for service connection for thoracolumbar degenerative disc and joint disease, finding that there is no evidence of a back injury during service and no current condition related to her service-connected fracture of the pubis. The Board concluded that the veteran's current spine condition is not causally related to service.

The Board has remanded the case due to inadequate opinion from a VA examiner regarding whether the veteran's low back disorder is related to service.