Back / lumbar spine decisions — 2006

The Board has determined that there was no pending claim for a total disability rating based on individual unemployability before the current claim was received by VA on February 2, 2000. Therefore, an effective date earlier than February 2, 2000, is denied.

The Board denied the veteran's claims for service connection and an increased rating, finding that his low back strain with ruptured disc warranted a 40 percent disability rating.

The Board has determined that the additional evidence received since December 1993 is not new and material, thus denying the reopening of the veteran's claims for service connection for a back disorder and fungal infection of the ears.

The Board has granted service connection for residuals of a low back injury and bilateral knee disorder. The Board found that the veteran's scoliosis of the spine, right thigh condition, and short leg condition are not related to his military service.

The Board found that the veteran's combined disability rating of 60% does not meet the minimum percentage requirements for a TDIU under 38 C.F.R. § 4.16(a). However, even if the veteran's disabilities fail to meet the statutory requirements, this case may be referred for an extraschedular evaluation on the grounds that he is unable to secure and follow a substantially gainful occupation due to service-connected disabilities.

The Board has determined that the veteran does not have a current disability of low back or bilateral hearing loss as defined by VA standards. The service connection claims for these conditions are denied.

The Board has denied the veteran's claims for increased ratings and service connection for various conditions, finding that the evidence does not support a higher rating or service connection based on the current medical findings.

The Board found no evidence of a chronic low back disability related to service and denied the veteran's claim for service connection.

The Board found no evidence of a chronic upper, mid, and lower back disorder in service or until years after service. The claim for service connection was denied.

The Board denied the veteran's claims for increased disability ratings for his service-connected left knee synovitis and lumbosacral strain, finding that the evidence did not meet the criteria for higher ratings under the applicable VA rating schedules.

The Board finds that the veteran's current back disability, diagnosed as lumbar degenerative disc disease and facet joint arthritis, developed many years after discharge from service and is unrelated to his military service.

The Board has granted service connection for a low back disability and found that the veteran's current low back condition is likely attributable to his period of active military service. The claim for an initial compensable rating for bilateral hearing loss remains pending as further development is needed.

The Board finds that the veteran does not have residuals of spinal meningitis that were incurred in or aggravated by active military service. The claim for service connection is denied.

The veteran's service-connected lumbar disc disease has progressed to such severity as to preclude substantially gainful employment, warranting a total disability rating based on individual unemployability.

The Board denied the veteran's claim for service connection for degenerative disc disease of the thoracic spine, finding no evidence showing a nexus between his current disability and his in-service complaints.

The veteran is seeking to reopen his claim of service connection for a back disorder. The Board has ordered remand due to the need for additional development, including obtaining relevant records from federal departments or agencies and providing proper notice under 38 C.F.R. § 3.159(c)(2).

The Board found that the veteran's current disability of a shortened left leg, resulting from his fracture in 1989, was not caused by negligence or fault on the part of VA. The pre-existing degenerative disc disease in his back exacerbated the effects of the leg length discrepancy.

The veteran's lumbar disc disease with sciatica is rated at a maximum of 60 percent since the award of service connection.

The Board has determined that the veteran's current back disability is not related to his in-service injury and therefore denied service connection.

The veteran's claim for service connection and increased rating for his low back pain disability is being remanded to the RO for additional development, including obtaining SSA records and a VA examination.