Back / lumbar spine decisions — 2006

The veteran's service-connected atrophic scars of the back and shoulders have been rated as 10% since July 29, 1991.,For his cervical myositis and polyradiculopathy of C3-C4, C4-C5 and C5-C6 prior to November 15, 1994, the veteran has not met the criteria for a rating in excess of 30%.

The veteran's appeal has been withdrawn prior to the Board making a decision.

The Board granted an increased rating of 20 percent for the veteran's service-connected lumbar degenerative disc disease, effective from September 26, 2003. The decision also noted that a separate 10 percent rating was assigned for sciatica associated with the lumbar spine disability.

The veteran's appeal is being remanded for further development, including obtaining additional treatment records from the Mount Vernon VAMC and issuing a supplemental statement of the case (SSOC).

The veteran's low back disability is rated at 20% under the General Rating Formula for Diseases and Injuries of the Spine. The Board finds no evidence to support a higher rating based on incapacitating episodes or other criteria. Service connection for hypertension, heart murmur, and aortic insufficiency with bicuspid valve is denied as not due to service-connected residuals of low back injury or an undiagnosed illness. The veteran's service-connected disabilities do not preclude him from securing or following substantially gainful employment.

The Board denied the veteran's claims for increased ratings for his left ulnar nerve compression, right and left wrist tendinitis, and left shoulder rotator cuff syndrome. The current ratings of 30 percent for left ulnar nerve compression and 10 percent each for right and left wrist tendinitis are maintained.

The veteran's service-connected muscle contract headaches and compression fracture C5-C6 with degenerative disc disease, left upper extremity involvement have not been found to warrant higher disability ratings.

The veteran's claims for higher disability ratings and service connection have been granted. The specific conditions include traumatic arthritis of the lumbosacral spine, cervical spine, thoracic spine, and dermatitis. Service connection has also been established for erectile dysfunction.

The Board has determined that a VA examination is necessary to determine the etiology of the veteran's current Wegener's granulomatosis and her low back disorder. The claims for service connection are being remanded.

The veteran's claims for increased evaluation of post-traumatic arthritis, left knee; reopening service connection for a left ankle disability and service connection for a back disability were denied. The Board found that the evidence did not meet the criteria for an increased rating or service connection.

The Board denied the veteran's claims for service connection for a skin disorder, a disorder of the bilateral lower extremities, and an initial disability rating greater than 40 percent for DDD of the lumbosacral spine with acquired spinal stenosis status post laminectomy. The Board found no current disability associated with the in-service cervical neoplasia, status post LEEP, and denied service connection for this condition. For the lumbar spine disability, the Board found that the evidence did not more closely approximate the criteria for a rating greater than 40 percent.

The Board has determined that the veteran's preexisting back disability did not worsen during service and is unrelated to any incident therein. As a result, the claim for service connection for a back disability is denied.

The Board denied the veteran's claims for increased evaluations of his right shoulder and low back strain, finding that the evidence did not support a higher rating. The service connection claim for sciatic nerve impingement syndrome was also denied.

The Board has reopened the veteran's claim for service connection for degenerative joint disease of the lumbar spine with recurrent back sprains and granted it, finding new and material evidence to support the claim.

The Board has remanded the case due to new VCAA requirements and needs additional information from the veteran regarding his claim for service connection of a back disorder secondary to pes planus.

The Board has ordered the case to be remanded for further development due to additional evidence received after a previous SSOC.

The Board granted service connection for sinusitis and PTSD, but denied the other claims. The veteran's sinusitis is presumed to be due to herbicide exposure in Vietnam. His PTSD was found to meet criteria for a 30 percent evaluation prior to April 14, 2003.

The Board denied the veteran's claims for increased ratings for his service-connected low back syndrome, finding that the evidence did not meet the criteria for higher disability evaluations under the applicable VA rating criteria.

The veteran is seeking to reopen claims for service connection for various conditions, including hepatitis C, cervical stenosis, a low back disorder, hypertension, cirrhosis or fibrosis of the liver, heart disorder, bilateral hearing loss, depression, and post-traumatic stress disorder. The case is being remanded for further action.