Back / lumbar spine decisions — 2006

The veteran's lumbar strain with spinal disc degeneration was rated at 10 percent prior to July 19, 2005. From July 19, 2005, the condition warranted a separate 20 percent evaluation for orthopedic manifestations and a 10 percent evaluation for neurologic manifestations.

The Board has remanded the case for compliance with the Veterans Claims Assistance Act of 2000 (VCAA) and a VA examination. The veteran's claim for service connection for a back disorder is now before the Board.

The Board has determined that the veteran does not have a current low back or left hip disability that is service-connected, and any disabilities found are not related to his service-connected left ankle or left knee disabilities. The veteran's TDIU claim is also denied as he does not meet the schedular criteria for a total rating based on individual unemployability.

The veteran's service-connected disabilities are so severe that he is unable to engage in substantially gainful employment.

The veteran's low back condition was not incurred in or aggravated by active service. The Board found no medical evidence linking the current symptoms to any aspect of his military service.

The Board has determined that the veteran does not have a disability manifested by right leg pain, numbness of the right side, or degenerative arthritis of the low back. The Board also found no evidence to support service connection for these conditions on a secondary basis to his service-connected status post right total hip replacement.

The Board denied the veteran's claims for service connection for multiple sclerosis, residuals of right knee injury, bronchitis (claimed as a residual of tobacco use), postoperative bilateral inguinal hernias, and lumbosacral strain with degenerative changes.

The Board found that the veteran's lumbar DDD did not meet or approximate the criteria for a rating in excess of 20 percent, as his disability was manifested by complaints of back pain and objective evidence of overall moderately limited motion.

The Board denied the veteran's claims for service connection for arthritis of multiple joints and an increased evaluation for lumbosacral strain. The veteran was not granted any effective date prior to July 24, 2003 for irritable bowel syndrome.

The Board granted a rating of 20 percent for low back strain with right sacroiliac radiculopathy, effective from July 2, 1999.

The Board denied service connection for a cervical spine disability and granted service connection for lumbosacral strain and myositis, but did not assign the maximum schedular rating. The veteran's increased evaluation claim remains in controversy.

The VA determined that the veteran's service-connected dorsolumbar strain does not warrant a rating higher than 10 percent.

The veteran's service-connected disabilities do not meet the schedular requirements for a total disability rating based on individual unemployability. The RO correctly determined that the facts of this case do not demonstrate an unusual or exceptional disability picture warranting referral for consideration on an extra-schedular basis.

The Board has dismissed the appeal as the veteran withdrew his appeal prior to a decision being made.

The Board has determined that the veteran's current low back disorder, COPD, and hypertension are likely due to service-connected conditions or other factors not related to service. The claim for service connection is granted.

The Board has determined that the veteran's current upper back disability is not related to his military service and denied his claim for service connection.

The veteran withdrew his appeals for the issues of service connection for a back disability, peripheral neuropathy, cardiovascular disorder, and digestive disorder. The claims are dismissed.

The VA denied the veteran's claim for special monthly pension based on need for aid and attendance of another person (A&A) due to his disabilities, including COPD, CAD with CABG, PVD, hypertension, arthritis, hearing loss, and tinnitus. The evidence did not show that any disability rendered him so helpless as to require the regular A&A of another person.

The Board found that the preponderance of evidence does not support a finding that the service-connected left inguinal hernia caused, aggravated or accelerated the veteran's back disorder. The claim for an increased evaluation for the service-connected left inguinal hernia was also denied.

The VA denied the veteran's claims for increased ratings for his low back injury and right shoulder arthritis, as well as a compensable rating for bilateral hearing loss. The RO found that the conditions did not warrant higher ratings under the applicable criteria.