Back / lumbar spine decisions — 2006

The Board has determined that the appellant does not have a current hearing loss disability in either ear or a back disability, and therefore, service connection for these conditions is denied.

The veteran's service-connected lumbosacral strain with severe limitation of motion is currently rated at 40 percent, and the Board finds that this rating is appropriate based on the evidence provided.

The veteran's service-connected back disability was increased to 60 percent effective June 29, 2005. The claim for a sleep disorder was withdrawn by the veteran.

The Board denied service connection for insomnia, sinus disorder, and low back disorder. The veteran's complaints of insomnia were associated with his diagnosed schizoaffective disorder. His sinus condition was noted in the years following separation from service. His low back disorder was not shown to have been present during or aggravated by service.

The Board found that the veteran's service-connected disabilities did not cause or contribute substantially to his death from intracerebral hemorrhage.

The Board found that the veteran did not meet the percentage requirements for TDIU prior to December 5, 1994 and thus denied his claim for an effective date prior to this date on a schedular basis.

The Board denied the veteran's claims of service connection for bilateral hearing loss, disciform maculopathy, degenerative joint disease of the hands, and degenerative joint disease of the lumbosacral spine. The claim for irritable bowel syndrome was also denied as it is not due to or proximately caused by his service-connected PTSD.

The Board has determined that the veteran's service-connected mechanical low back pain and bilateral flat feet do not warrant a higher rating under the applicable VA rating criteria.

The VA denied an increased evaluation for the veteran's service-connected back disability, characterized as lumbalgia of the lower thoracic and upper lumbar regions. The disability is currently rated at 60 percent.

The veteran was granted a total disability rating based on individual unemployability (TDIU) effective June 10, 1999. The claim for an earlier effective date is denied as there is no evidence of record to indicate that the veteran submitted a claim of entitlement to individual unemployability prior to July 25, 2000.

The Board finds that the veteran's service-connected disabilities render him unemployable and grants a TDIU.

The veteran's appeal has been dismissed as he has withdrawn his appeal for benefits.

The Board found no evidence of a low back injury in service and concluded that the veteran's current low back disability is not related to his military service.

The veteran's service-connected lumbar spine disorder does not render him helpless and in danger in his daily environment, requiring the regular assistance of another individual on a daily basis to accomplish personal self-care.

The veteran's initial claim for a higher rating for his lumbosacral strain was denied. The RO assigned an initial 10 percent disability evaluation in October 2002, which was increased to 20 percent as of the effective date for service connection in July 2005. However, the veteran's appeal remains pending and he is seeking a higher rating.

The case is being remanded to the RO for further review of new evidence submitted by the veteran.

The VA has determined that the veteran's lumbar degenerative disc disease does not warrant a rating higher than 40 percent, as his disability is manifested by severe limitation of motion and severe lumbosacral strain.

The veteran's claims for service connection for a back disorder, left ankle disability, acquired psychiatric disorder, residuals of heat exhaustion, and skin condition (left hand) have been denied as new and material evidence has not been received to reopen the previously denied claims.

The veteran claims service connection for a low back disability, which he alleges is related to an injury sustained during active duty training in 1993. The VA has not obtained all relevant medical records and needs further examination to determine the nature and etiology of his current back disability.

The Board has remanded this case for additional development, including obtaining Social Security Administration records and the veteran's VA medical file.