Back / lumbar spine decisions — 2006

The VA determined that the veteran's service-connected low back disability, diagnosed as osteoarthritis of the lumbar spine, does not meet or approximate the criteria for a rating in excess of 10 percent under either the old or amended schedule for rating spine disabilities.

The Board found that the veteran's low back disability was not caused by VA carelessness, negligence, or similar fault. The claim for benefits under 38 U.S.C.A. § 1151 was denied.

The Board has determined that new and material evidence was received to reopen the veteran's previously denied claims for service connection of cervical, thoracic, and lumbar spine disabilities. However, the preponderance of the evidence does not support these claims.

The Board has determined that the veteran's claimed conditions, including gastric ulcers and a low back disorder, were not incurred or aggravated by service. The evidence does not support a finding of direct service connection for these conditions.

The veteran's appeal is being remanded for additional development due to the need for VCAA compliance and further medical examination.

The veteran's claims for increased ratings for her service-connected lumbar and cervical spine disorders, as well as her shoulder conditions, were denied. The RO found that the current evaluations adequately reflect the severity of these disabilities.

The veteran's lumbar strain with degenerative changes is currently rated at 10 percent, and his right hip arthritis with postoperative residuals has been granted a rating of 30 percent from May 19, 1997 to May 16, 1999, and 100 percent since June 1, 2000.

The veteran is seeking higher ratings for chronic low back strain with degenerative disc disease, but the Board finds that a rating in excess of 20 percent from January 30, 1981, to June 9, 1981, and a rating in excess of 60 percent effective December 17, 1985, are not warranted.,The veteran also seeks an earlier effective date for the assignment of a total disability rating based on individual unemployability. The Board finds that he did not become disabled enough to be unable to work prior to December 17, 1985.

The Board has decided to remand the case for additional development, including obtaining medical records and scheduling an examination. The veteran's claim for a compensable rating for his service-connected lumbosacral strain will be reconsidered after these steps.

The Board found that the veteran's pre-existing lumbosacral spine disability was not aggravated by his active service, and thus denied his claim for service connection.

The Board found no evidence of a bilateral leg disorder, low back disorder, asbestosis, or hole in the heart (atrial septal defect) that was incurred during service. The veteran's preexisting hole in the heart was not aggravated by service.

The veteran's claim for increased ratings for bilateral hearing loss and low back disability has been denied. The RO reduced the rating for bilateral hearing loss to noncompensable effective January 1, 2002, based on sustained improvement in his hearing impairment. For the low back disability, there is insufficient evidence from recent VA examinations to determine if a diagnosis of degenerative disc disease was made or if neurological examination results were provided.

The veteran's claims for increased ratings for his service-connected gout, lumbar spine disability, cervical spine disability, and right shoulder disability were denied. The RO found that the evidence did not show exceptional or unusual circumstances warranting referral for extraschedular consideration.

The Board denied the veteran's claims for increased evaluations for her service-connected right shoulder strain and low back strain, finding that the evidence did not warrant a higher evaluation under applicable rating criteria.

The veteran's low back disability was granted and rated at 40 percent effective April 21, 2005.

The Board denied an increased evaluation for lumbosacral spine strain with mild scoliosis, finding that the veteran's symptoms were attributable to a congenital defect and obesity, not service.

The Board denied increased disability ratings for varicose veins of the lower extremities, pes planus, and low back pain due to failure to appear for VA examinations.

The Board found that the veteran's DDD at L4-L5 approximates mild but not intervertebral disc syndrome prior to January 31, 2003, and moderate but not greater intervertebral disc syndrome with recurring attacks after January 31, 2003. The veteran was assigned a 20 percent rating for his DDD at L4-L5 effective from January 31, 2003.

The Board has granted service connection for a low back disorder and a right shoulder disorder, finding that the veteran's current disorders are related to his in-service injuries based on competent evidence of a relationship.

The VA determined that neither the veteran's enterocutaneous fistula nor any other service-connected condition caused or contributed to his death from bronchiopneumonia, emphysema, and pulmonary thromboembolism. The pre-existing conditions were not related to service.