Back / lumbar spine decisions — 2006

The Board found that the veteran's claim for an earlier effective date for TDIU benefits was denied because there is no evidence of unemployability due to service-connected disabilities within one year prior to the filing of his claim. The veteran's substantive appeal was waived due to a delay caused by recent hospitalization.

The veteran's claim for an increased evaluation for his service-connected arthritis of the lumbar spine was granted, but he is not entitled to a rating higher than 30 percent.

The veteran's claims for increased ratings for degenerative joint disease of the lumbar spine and diabetes mellitus were denied. The claim for an earlier effective date for a 30 percent rating for degenerative joint disease of the lumbar spine is pending.

The veteran's claim for an effective date prior to March 21, 2000 for service connection of osteoarthritic changes of the lumbosacral spine is granted.,The veteran's claims for earlier effective dates for service connection of moderate right lower extremity weakness and TDIU are denied as there were no pending informal or formal claims prior to March 21, 2000.,The veteran does not meet the criteria for a total disability rating based on individual unemployability prior to March 21, 2000.

The Board denied service connection for a low back disorder and a skin disorder, to include as secondary to herbicide exposure. The veteran's low back disorder is not shown to be related to his active duty service or to any incident therein. His skin disorders were diagnosed after service and there is no evidence linking them to service.

The Board found that the veteran's low back disorder did not manifest within one year of service discharge and could not be presumed to have been incurred in service. The evidence also did not support a finding that his current condition was related to active service, as there were no documented records of any arthritis or injury to the lumbar spine during service. Additionally, the veteran's employment history showed no chronic back problems until after he left military service.

The Board found that the veteran's service-connected conditions, except for his loss of use of both hands due to Dupuytren's contractures, do not require regular aid and attendance.

The veteran's claims for increased ratings for residuals of ureterolithiasis, degenerative disc disease of the lumbosacral spine, and medial meniscus tear have been denied as there is no evidence to support a higher rating based on current disability levels.

The Board denied the veteran's claims for initial compensable ratings for hypertension and service connection for lumbar disc disease, gastric ulcers, migraine headaches, and bipolar disorder. The veteran's hypertension is currently rated as 0 percent disabling due to poor control of blood pressure despite medication use. His back condition was not incurred in or aggravated by active service. No current diagnoses of gastric ulcers or bipolar disorder were found. Service connection for these conditions could not be established.

The Board has reopened the claim for service connection for a low back disability and remanded it for further development, including obtaining medical records from SSA and scheduling a VA examination to determine the nature and etiology of any current low back disability.

The Board has remanded the case for additional development due to missing service medical records and incomplete information from the veteran.

The Board has remanded the case for further development due to procedural issues and missing SSA records. The claims will be reconsidered after these matters are addressed.

The veteran is seeking service connection for an upper back disorder that he believes was caused by his service-connected left arm disability. The RO has denied this claim, and the case is being remanded to allow for a new examination and opinion.

The veteran's appeal is being remanded due to the need for a representative appointment and review of his claims file.

The Board has reopened the veteran's claim for service connection for a low back disorder due to new and material evidence, but additional development is needed before a decision can be made on whether service connection should be granted.

The veteran's service-connected low back disorder did not warrant an increased evaluation, and although he was severely limited in his ambulation and activities of daily living due to respiratory decompensation, the evidence does not show that any service-connected disability rendered him so helpless as to be in need of regular aid and attendance or permanently housebound.

The Board has ordered a new examination to determine the nature and etiology of the veteran's low back disability, as previous opinions were insufficient. The case is remanded for further development.

The veteran's claims for increased ratings for his service-connected left knee and right hip disabilities were denied. The RO granted service connection for these conditions, but did not grant the requested higher ratings.

The Board has remanded the case for further development, including a VA examination to determine the etiology of any lumbar spine disability and the current extent of disability due to residuals of fractured left great toe and second metatarsal joints. The claim will be readjudicated based on the new evidence.

The veteran's mechanical low back pain with limitation of motion causes persistent symptoms compatible with sciatic neuropathy, warranting a 60 percent evaluation.