Back / lumbar spine decisions — 2006

The Board is remanding the case due to new evidence received by the veteran, and the RO must review this evidence and readjudicate the claims with consideration of this additional information.

The Board has determined that the veteran's low back and neck disabilities were not incurred or aggravated during his active duty service, and thus denied both claims.

The Board denied service connection for back, neck, and left great toe disabilities as there was no evidence of in-service injury or disease. The veteran's claims were based on direct service connection.

The veteran was granted total disability based on individual unemployability (TDIU) effective September 1, 1986. The appellant seeks DIC benefits under 38 U.S.C.A. § 1318 but is denied as the veteran did not meet the statutory duration requirements for such benefits.

The Board has remanded the case for further development, including obtaining medical records and scheduling a VA examination. The issues are an increased rating for chronic lumbosacral strain and service connection for intervertebral disc syndrome or other radiculopathy.

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

The Board has denied the veteran's claims for service connection for tinnitus, depression, PTSD, bilateral leg condition, bilateral elbow condition, bilateral arm condition, and degenerative changes of the lumbar and thoracic spine due to a lack of evidence linking these conditions to his active duty service.

The Board has determined that the veteran's service-connected lumbar spine disability is of such severity as to preclude all forms of substantially gainful employment, and therefore grants a TDIU.

The veteran's service-connected lumbar spine disability is not rated higher than 40 percent, and his right knee strain with arthritis does not meet the criteria for service connection.

The veteran's claims for service connection are granted for various conditions, including fibromyalgia, musculoskeletal chest pain, chronic fatigue syndrome, bloody stools and bowel incontinence, headaches, agitation, forgetfulness, borderline violence, major depression and dysthymic disorder, loss of bladder control, itching, hives, rash, duodenal ulcer, gastroesophageal reflux disease (GERD), irritable bowel syndrome (IBS), partial complex seizures, blackouts, photophobia and lightheadedness, shrinkage in height from 71 inches to 67 1/2 inches, and lumbar spine disorder with instability of the legs. These conditions are presumed due to service in the Persian Gulf War.

The Board has determined that the veteran's claimed back disorder, kidney disorder to include a urinary disorder, and psychiatric disorder were not incurred in or aggravated by military service.

The veteran's degenerative disc disease L3-S1 with mild stenosis is rated at 40 percent, reflux esophagitis with hiatal hernia, duodenitis and history of ulcers remains at 10 percent, and arteriosclerotic heart disease status post myocardial infarction with hypertension is rated at 60 percent. The veteran's TDIU claim was granted.

The Board denied the veteran's claims for increased disability ratings for his service-connected cervical and lumbar spine disabilities, finding that the evidence did not meet the criteria for an increased rating under either the former or current schedular criteria.

The veteran's appeal is being remanded to the RO for further evaluation of his claim for TDIU due to service-connected disabilities, including a need for an updated medical opinion regarding his employability.

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

The veteran's service-connected low back disability was granted a 20 percent evaluation, and his radiculopathy of the left lower extremity was also granted a 10 percent evaluation. The RO found that these evaluations were appropriate based on the current evidence.

The veteran's service-connected disabilities have been of such severity as to preclude all forms of substantially gainful employment, and the Board finds that she meets the criteria for a TDIU.

The Board has determined that the veteran's lumbosacral disc disease warrants a combined rating of 60 percent, based on separate ratings for orthopedic and neurological manifestations.

The veteran's appeal for increased ratings on his cervical spine and left shoulder disabilities has been withdrawn. The initial rating of 20 percent for each condition remains in effect.

The VA determined that the veteran's degenerative disc disease and lumbosacral strain do not warrant a rating higher than 40 percent.