Back / lumbar spine decisions — 2006

The Board has remanded the veteran's claims for higher initial ratings for lumbar strain and migraine headaches due to incomplete examination findings, outstanding VA records, and need for further development.

The Board has granted service connection for a low back disability, hearing loss, and tinnitus. The veteran's current conditions are rated at the 10% level.

The Board has reopened the veteran's claim for service connection due to new and material evidence, and finds that his current back disability is at least as likely as not aggravated by active duty.

The Board has reopened the veteran's claim for service connection for a back disorder with arthralgia and remanded it to the RO for further development. The case is also remanded for an examination to determine if the veteran currently has a diagnosed back disorder related to his military service, as well as for additional medical records.

The Board has determined that the veteran's current lumbar disk disease, associated chronic lower back pain, L4-5 disk herniation with nerve root impingement, and left-sided L5-S1 radiculopathy, as well as his visceral reflex sympathetic dystrophy with associated chronic scrotal/groin/pudendal nerve pain, are the result of injuries sustained during active service. As such, these conditions have been granted service connection.

The Board has denied the veteran's request for an earlier effective date of May 13, 2002 for the grant of service connection for chronic lumbar strain with degenerative disc and joint disease. The RO granted service connection based on new evidence received after a final denial in August 1971.

The Board has remanded this case for further development due to missing service medical records and incomplete VCAA notice. The veteran's bilateral pes planus and low back disability claims will be reviewed based on the new evidence.

The Board has determined that the veteran's lumbar spondylosis with degenerative disc disease warrants a 20 percent rating, effective June 2003.

The veteran's claim for special monthly pension by reason of need for regular aid and attendance is granted due to his psychiatric condition, which requires the daily personal health services of a skilled provider without which he would require hospital or nursing home care.

The Board has determined that the veteran's lumbar degenerative disc disease is not related to service and denied his claim for service connection.

The Board has granted service connection for left knee disability but denied service connection for low back disability.

The Board denied service connection for various conditions, including a right shoulder condition, left knee and elbow conditions, right knee condition, upper back condition, left wrist condition, hemorrhoids, and asbestos exposure. The Board found that the current conditions were not incurred in or aggravated by active service.

The veteran's claim for a total rating due to individual unemployability resulting from service-connected disabilities was granted, effective April 30, 1999. The decision is based on the veteran's service-connected lumbar and cervical spine disabilities as well as his shoulder conditions.

The veteran's lumbar strain is characterized by low back pain, muscle spasm, and a moderate loss of motion. The Board found that the disability has remained static during the appeal period and granted an initial evaluation of 20 percent.

The Board found that the veteran's service-connected low back disability, characterized by severe pain and limitation of motion but without radiculopathy or peripheral neuropathy in the lower extremities, does not meet the criteria for a higher rating than 40 percent.

The veteran's claim is being remanded for further development, including a VA examination and consideration of the new rating criteria for spine disabilities.

The Board found no evidence of a low back disorder during service or within one year post-service, and the claim was denied as there is insufficient evidence to establish a connection between the current condition and service.

The VA has determined that the veteran's low back strain with degenerative joint and disc disease warrants a rating of 20 percent, which is the maximum schedular rating available for this condition. The evidence does not support an increase in the disability rating.

The veteran's appeal regarding an increased evaluation for a left knee disability and the effective date of a back disorder prior to March 22, 1995 was denied by the RO in January 1998. The veteran did not timely file a substantive appeal within the required time frame.

The veteran's appeal is remanded to obtain additional evidence and conduct a VA examination to determine the current extent of his service-connected lumbosacral strain with degenerative disc disease. The RO must also consider all relevant criteria for evaluating disabilities of the spine, including those effective prior to September 23, 2002, effective September 23, 2002, and effective September 26, 2003.