Back / lumbar spine decisions — 2006

The Board denied the veteran's claims for an increased rating for lumbar strain and TDIU due to service-connected disabilities. The criteria for a higher rating were not met, and the veteran was found unable to work due to his disability.

The Board denied an earlier effective date for the award of TDIU, finding that the veteran did not meet the schedular rating criteria for a finding of total disability due to service-connected disabilities prior to August 13, 1998.

The Board denied the veteran's claims for increased ratings for degenerative changes of the lumbar spine and duodenitis, finding that neither condition warranted a rating higher than 10 percent.

The veteran's degenerative disc disease of the lumbar spine is currently rated at 40% and his residuals of a right (major) shoulder dislocation are rated at 20%. The Board has granted these ratings, finding that they accurately reflect the severity of the disabilities. Additionally, the Board found that the veteran's service-connected disabilities preclude all forms of substantially gainful employment, warranting a TDIU rating.

The Board denied the appellant's claim for service connection for the cause of her husband's death, finding that there was no evidence linking his heart condition to service or Agent Orange exposure. The Board also found that the veteran's apparent myocardial infarction was not related to any in-service disease or injury.

The veteran withdrew his appeal of all issues before the Board could make a decision.

The Board has determined that the veteran's psychiatric disorder, low back pain, and neck pain are not service-connected as they are attributed to drug abuse following discharge from service.

The veteran's appeal is being remanded for additional development, including a VA psychiatric examination to assess PTSD and a VA examination to determine the nature and etiology of any lumbar spine disability. The RO will also consider entitlement to an initial increased rating for PTSD.

The veteran's claims for increased evaluations for his service-connected degenerative disc disease of the lumbar spine with orthopedic and neurologic manifestations have been remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board has determined that the veteran did not submit new and material evidence to reopen his claims for service connection for osteoarthritis of the lumbar spine and cervical spine/neck disability, as the submitted evidence does not relate to an unestablished fact necessary to substantiate the claim.

The Board has ordered additional development of the veteran's service medical records and requested an examination to determine if a low back disorder is related to his military service. The case will be readjudicated after these actions.

The Board has granted service connection for the degree of aggravation of right sacroiliitis of the lumbosacral spine attributable to the veteran's service-connected right knee disability. However, secondary service connection for a right hip disorder is not established as there is no credible and competent evidence that the veteran's service-connected right knee disorder caused or aggravated any disease or defect of his lumbosacral spine other than right sacroiliitis.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claim for service connection for degenerative arthritis of the left knee, left ankle, lumbar spine, and cervical spine.

The veteran's appeal is being remanded for a Travel Board hearing at the RO. The issues of entitlement to service connection for left ear hearing loss and bronchitis are also pending.

The Board denied the veteran's claims for service connection for low back disability and an initial compensable evaluation for postoperative right inguinal hernia repair, finding no evidence to support these claims.

The Board found no medical evidence linking the veteran's current back problems to his active service, and denied the claim for service connection.

The Board has remanded the case for further development and a Travel Board hearing at the RO.

The Board denied the veteran's claims for increased ratings for his left femur fracture with left knee disability, left hip arthralgia, and lumbosacral strain. The current ratings of 30 percent for each condition are maintained.

The Board has determined that the veteran's current low back disorder is not related to his service and denied his claim for service connection.

The veteran's claim for an increased rating for his service-connected low back disability was granted, with a 40 percent rating effective September 1, 2004.