Back / lumbar spine decisions — 2006

The Board finds that the veteran's erectile dysfunction is related to his service-connected degenerative joint disease of the lumbar spine. The effective date for the grant of service connection for degenerative joint disease of the lumbar spine has been set at January 29, 1998.

The veteran's claim for a TDIU is being remanded due to the need for further development of his medical and employment history.

The Board found that the veteran's current low back, right hip and leg, left hip and leg, or bilateral foot conditions are not related to his service. The VA examinations and treatment records do not support a finding of in-service injury or chronic condition.

The Board denied the veteran's claim for an earlier effective date for a 60 percent disability rating for his low back disability, finding that there was no CUE in the May 1995 decision.

The Board has determined that there is no evidence of a back or neck disability during service, and the current disabilities are not related to service. Therefore, the claims for service connection for both conditions have been denied.

The veteran's claims for increased evaluations were denied. The Board found no evidence of current right ear hearing loss disability and determined that the veteran did not have moderate impairment in his left great toe, lumbosacral strain, or ankle condition at any point since service connection was established. The postoperative residuals of a left tibial shaft fracture with limited motion of knee were also rated as 10 percent disabling.

The veteran's service-connected back disability, which includes residuals of lumbar discectomy with herniated nucleus pulposus, disc bulging, and stenosis of the lumbosacral spine, does not meet the criteria for a higher rating as it does not cause unfavorable ankylosis or incapacitating episodes having a total duration of at least 6 weeks during the past 12 months.

The veteran's appeal was denied as he did not have a left foot disability due to service. The initial ratings for his low back strain and right leg fracture were also denied.

The veteran's lumbar disc disease has been rated at 10 percent, the maximum under Diagnostic Code 5243. The VA examiner found no evidence of incapacitating episodes or additional loss of motion due to pain, fatigue, weakness, or lack of endurance.

The Board denied the veteran's claims for higher ratings for his degenerative disc disease of the lumbar spine, finding that the evidence did not support a rating in excess of 10 percent prior to March 3, 2000 and 20 percent on and after March 3, 2000.

The Board has determined that the veteran's service connection claims for Degenerative Disc Disease (DDD) of the cervical and lumbar spine, as well as Pes Planus, cannot be established due to a lack of evidence showing their onset in or aggravation by his active duty service. The Board found that the medical evidence does not support the veteran's contention that these conditions are related to combat service.

The Board has ordered the case remanded for further development and review of the claim, including a supplemental medical opinion from an orthopedic specialist.

The veteran's initial claim for higher ratings for his service-connected degenerative disc disease of the lumbar spine and associated neuropathy of the left lower extremity was granted, with a 40 percent evaluation assigned effective February 8, 2002, for both conditions. The decision also noted that there were no incapacitating episodes or other factors warranting higher ratings.

The case is being remanded for further evaluation of the veteran's low back disability, including whether degenerative changes are related to service-connected lumbar strain and if any neurological symptoms should be considered in relation to other conditions.

The veteran's only non-service connected disability, cervical degenerative disc disease, does not meet the criteria for a permanent and total disability rating for pension purposes.

The Board denied the veteran's claims for increased rating of his right knee disability and service connection for low back and hip disabilities, both claimed as secondary to his right knee condition.

The veteran's claim for a higher level of SMC was denied as he did not meet the criteria for loss or use of both hands and feet, despite having multiple service-connected disabilities.

The veteran's low back disability is rated at 20 percent under the old schedule for rating spine disabilities, and he was granted a temporary total convalescent rating following his epidural injection.

The Board has granted service connection for left knee disability, prostatitis, and back disability. The gastrointestinal disability is not considered a separate issue as it is secondary to PTSD.,Service connection was established for the veteran's left knee disability due to aggravation during service.

The veteran's claim of service connection for a chronic low back disorder with sciatica has been reopened. However, his claim for an increased rating for seborrheic dermatitis remains denied.