Back / lumbar spine decisions — 2006

The Board has determined that the veteran does not have current diagnoses of right shoulder, neck, or upper back conditions. The service connection claims for these conditions are denied.

The Board has granted a 40% disability rating for the service-connected lumbosacral strain, effective from the date of this decision.

The veteran's claim for a higher rating for lumbar strain is being remanded due to insufficient medical examination and additional evaluation is needed.

The case is being remanded for additional development, including obtaining medical records and scheduling the veteran for a VA examination to determine his ability to secure and maintain substantially gainful employment due to his service-connected lumbar spine disability.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claims for service connection, but the current evidence does not establish a nexus between any diagnosed conditions and service.

The Board denied the reopening of the claim for service connection due to lack of new and material evidence.

The veteran's claim for service connection is being remanded due to incomplete information regarding his National Guard service and the December 1976 automobile accident. The case will be reviewed again after obtaining this missing information.

The Board found that the veteran's service-connected lumbar spine disability, characterized by normal range of motion with significant discomfort during flexion and extension, met the criteria for a 10 percent evaluation under the General Rating Formula for Diseases and Injuries of the Spine.

The Board found that new and material evidence had not been submitted to reopen the veteran's claim of entitlement to service connection for a lower back disability, thus denying the reopening of the claim.

The Board found that the preponderance of evidence did not support a finding that left total hip replacement was proximately due to or the result of the service-connected right pelvic fracture, with right total hip replacement. The veteran's claim for herniated lumbar discs as secondary to service-connected disabilities of status post right pelvic fracture, with right total hip replacement is also denied.

The veteran's claim for an earlier effective date than July 16, 2002 for the grant of service connection for degenerative disc disease of L4-5 and L5-S1 is being remanded due to the need for further development.

The Board has determined that a new VA examination is necessary due to the veteran's assertion of increased severity in her back condition and her statement indicating constant pain. The case will be remanded for these actions.

Throughout the rating period, the veteran's chronic lumbosacral strain was productive of complaints of pain and tenderness. The evidence showed some tenderness but no severe limitation of motion or other criteria warranting a higher evaluation.

The Board has determined that the veteran's lumbar spine disability does not meet or approximate the criteria for a higher evaluation, as it does not demonstrate pronounced intervertebral disc syndrome, incapacitating episodes of at least six weeks in duration during the past year, or ankylosis of the lumbar spine.

The veteran's appeal is being remanded for additional development, including obtaining VA records and scheduling examinations to assess the severity of his service-connected disabilities.

The Board denied the claim for service connection for lumbar degenerative joint disease with radiculopathy, finding that there is not likely a nexus between the appellant's current disability and his military service.

The veteran's cervical spine disability is rated at 40 percent, and his thoracic spine disability is rated at 10 percent. The left upper extremity radiculopathy is rated at 20 percent.

The veteran's claim for an increased rating for his service-connected lumbar spine intervertebral disc syndrome is being remanded due to the need for additional development, including obtaining medical records and scheduling VA examinations.

The veteran's appeal is being remanded for a Travel Board hearing at the Atlanta, Georgia Regional Office. The case will be returned to the Board if further action is required.

The veteran's right renal calculus, which required drug therapy to control recurrent stone formation, is now rated at 30 percent. The lumbar spine condition remains at a 10 percent rating.