Back / lumbar spine decisions — 2006

The Board granted a 40% disability evaluation for the veteran's low back disability, effective from his date of claim. The rating is based on severe limitation of motion and intervertebral disc syndrome.

The Board denied the veteran's claim for a rating in excess of 10 percent for his lumbosacral strain prior to January 13, 2005 and granted him a 20 percent rating thereafter. The effective date remains pending.

The veteran's claim for a higher rating for his degenerative disc disease of the lumbar spine is being remanded due to the need for additional medical examinations and development.

The Board denied earlier effective dates for a 60 percent rating for lumbar disc disease and TDIU, finding that the evidence did not show an increase in disability prior to February 15, 2002.

The Board has denied the veteran's claims for service connection for lumbar spine disease and Sprengel's deformity of both shoulders. The veteran is not entitled to initial compensable ratings for his right knee and left knee patellofemoral syndrome, and the Board has found no evidence of service connection for thoracic or cervical spine scoliosis.

The veteran's claims for service connection for low back, right hip, and right leg disabilities are being remanded due to the need for additional development of his medical records and an examination.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine if the veteran's current low back disability is related to his 1998 motor vehicle accident.

The Board has determined that the veteran does not have a current diagnosis of chronic bronchitis, back disorder, hepatitis A with liver damage, or multiple generalized complaints. The service connection claims for sinusitis, allergic rhinitis, hypertension, and right eye disability are denied as there is no evidence of a current disability.

The RO granted a TDIU effective October 10, 1996 based on the veteran's combined rating of 70% due to his service-connected disabilities. However, an earlier effective date is denied as the veteran did not meet the schedular criteria for a TDIU prior to this date.

The Board has determined that the veteran's cervical spine degenerative disc disease with herniation at C5-6 and C6-7 warrants an initial rating of 20 percent, based on moderate limitation of motion.

The veteran's claim for an increased rating for lumbosacral strain is being remanded due to incomplete medical records. The RO must obtain updated treatment records from VA hospitals and request copies of any other relevant medical records.

The veteran's service-connected disabilities are of such severity as to preclude him from securing and following any form of substantially gainful employment consistent with his education and work experience, warranting a TDIU.

The veteran's hepatitis C was rated at 10 percent since January 2005. The cervical spine disorder is rated as 10 percent disabling, and the right ankle fracture is rated as 20 percent disabling on and after June 1, 2005. The PTSD is rated as 50 percent disabling prior to May 24, 2005, and 70 percent disabling thereafter.

The VA determined that the veteran's current back disability, manifested by postoperative spondylolisthesis, is not due to an injury incurred or aggravated during service.

The Board denied the veteran's appeal for an earlier effective date of March 24, 1971, for service connection of thoracic back strain. The case was remanded to obtain additional development and evidence.

The Board found that the veteran's current degenerative disc disease of L5-S1, right hip and knee disorders, and right thigh pain are not related to his military service.

The veteran's spondylolisthesis of the lumbar spine with radiculopathy was rated at 40 percent effective November 10, 2005.,Partial sensory loss of L2, left, is now rated at 10 percent.

The Board has remanded the claims of service connection for residuals of heat stroke and entitlement to TDIU due to further development being required.

The Board has determined that the veteran's cervical spine/neck disability is not related to his service-connected left knee disability, and thus denied the claim for secondary service connection.

The Board has granted a 60 percent rating for the veteran's service-connected low back disability, effective from the date of this decision. The left wrist disability remains rated at 20 percent.