Back / lumbar spine decisions — 2006

The Board has remanded the case for further development and adjudication due to missing service medical records, incomplete notice requirements under VCAA, and need for an additional VA examination.

The VA denied an increased disability rating for the veteran's service-connected degenerative disc disease of the lumbar spine, assigning a 20% disability rating effective February 3, 2006. The condition was manifested by limited range of motion and pain.

The veteran's service-connected low back disability is rated at 40 percent, effective from April 1997. The other issues are resolved in the veteran's favor.

The Board has determined that the veteran's cervical spine disability warrants a 30 percent rating, effective from the date of this decision.

The veteran's right knee disability is rated at 20 percent, and his low back disability is rated at 40 percent. The effective date for the increased rating of the low back disability remains to be determined.

The Board has granted a 50 percent rating for degenerative disc disease, lumbar spine effective March 13, 2006.

The Board has granted service connection for diabetes mellitus with vision disability and increased ratings for the veteran's lumbar spine, cervical spine, and skull fracture disabilities. The effective dates are not specified as they were previously established.

The Board has found new and material evidence sufficient to reopen the claim for service connection of a back disorder, but further development is needed due to inconsistencies in the veteran's account of his injury during service.

The veteran's lumbar spine disability was granted a 60 percent evaluation effective August 2, 2005. His hypertension was also granted an increased rating to 60 percent.

The Board denied the appellant's claims of service connection for a back disorder and eligibility for nonservice-connected pension benefits due to lack of 90 days of active military service during a period of war.

The Board denied service connection for a low back disorder, right knee disorder, gastritis, and migraines. The veteran's claim of entitlement to service connection for gum disease was also denied as a matter of law.

The Board is remanding the case for additional development, including obtaining medical records from private physicians and VA facilities.

The veteran's claim for a higher rating for his degenerative disc disease of the lumbar spine and associated S1 nerve root radiculopathy, left, is denied as the evidence does not meet the criteria for a disability rating in excess of 40 percent.

The veteran's claims for service connection for chronic costochondritis, prostatitis, a left knee disability, and a dental disability are denied. The veteran's claim for service connection for Wolf-Parkinson-White syndrome is granted. His claim for service connection for chronic urinary tract infections is granted. His claim for increased initial rating for post-traumatic headaches is denied. His claim for increased initial rating for degenerative joint disease of the lumbar spine is granted. His claim for a compensable rating for chronic rhinitis is denied.

The veteran's lumbar spine disability, rated at 60 percent since March 8, 2002, is the maximum schedular rating assignable for pronounced intervertebral disc syndrome (IDS). The RO found no evidence of fracture of the vertebra, complete bony fixation of the spine, or unfavorable ankylosis.

The Board has reopened the veteran's claim of service connection for a back disability and is now considering whether this condition was incurred or aggravated by his military service. The evidence submitted includes statements from the veteran, copies of his service medical records, VA and private treatment records, and examination reports.

The veteran's claim for service connection for a back condition is being remanded due to inadequate VCAA notice and the need to obtain additional VA medical records.

The veteran's claim for an increased rating for his post-operative residuals of a herniated lumbar disc was denied. The Board found that the evidence did not support a higher rating than the current 60 percent assigned under Diagnostic Code 5293 (pre-amendment criteria). For the cause of death, service connection was denied as there was no medical evidence showing that his back disability contributed to his death. DIC and Dependents' Educational Assistance claims were also denied.

The veteran seeks an earlier effective date for a 60 percent evaluation for his low back disability, which was granted in October 2003. The Board determined that the increase in disability occurred after the claim was filed and assigned the effective date based on when the disability became 60 percent disabling.