Back / lumbar spine decisions — 2006

The Board denied the veteran's claims for service connection for a left shoulder disability and an initial compensable evaluation for cervical spine spondylosis with degenerative disc disease. The veteran was granted a 10 percent rating for his cervical spine condition, but not above that level.

The Board denied the veteran's claims for increased disability rating for his service-connected lumbar spine disability and denied his claims for service connection of a prostate condition, GERD, and depression.

The veteran's service-connected disabilities do not preclude all forms of substantially gainful employment consistent with his educational background and occupational experience.

The veteran's service-connected low back disability is rated at 40 percent, effective December 2003. The claim for tinnitus was granted.

The Board denied the veteran's claims for increased rating for recurrent dislocation of left (minor) shoulder, service connection for an upper back condition, and service connection for sarcoidosis.

The veteran's low back disability has not met the criteria for an evaluation in excess of 20 percent from November 25, 2002, and from March 23, 2004, for evaluations in excess of 40 percent.

The Board has determined that additional procedural development is required for the veteran's claims of service connection for PTSD, right shoulder disability, and low back disability. The claims will be remanded to allow for further examination and consideration.

The veteran's claims for increased evaluation of degenerative disc disease, lumbar spine and total disability based on individual unemployability are being remanded due to the RO failing to comply with its duty-to-notify-and-assist requirements.

The Board has remanded the case for further development due to insufficient medical evidence to decide whether the veteran is permanently and totally disabled from obtaining and retaining substantially gainful employment by reason of his service-connected left knee and right knee disabilities, and whether locomotion would be precluded without use of a left knee brace or without the use of a left knee brace and a cane.

The Board has decided to remand the veteran's claims due to incomplete VCAA notice and need for additional medical records. The veteran will be provided with proper VCAA notices, his treatment records from Sundance Medical Center and VA Medical Center in Henderson, Nevada are requested, and he needs to undergo VA examinations for varicose veins, low back disorder, and hypertension.

The veteran's service-connected low back strain, multilevel degenerative disc disease with spondylosis and deformity of the lumbar vertebra 2-3 is currently rated at 40 percent. The RO denied an increased rating for this condition as there were no incapacitating episodes meeting the criteria under Diagnostic Code 5293. For neuropathy, ratings of 40 percent are assigned for both lower extremities.

The Board found no evidence of a wrist disability and denied the veteran's claim for service connection. The remaining issues on appeal are pending, but will be deferred until completion of the requested medical examination.

The veteran's claim for an earlier effective date for a 60 percent evaluation for his low back disability was denied.,The veteran's claim for an earlier effective date for TDIU was also denied.,Service connection for the cause of death was not established.

The Board found no evidence of a right shoulder disorder in service or within one year after discharge, and the current right shoulder disorder is not related to active military service. The veteran's bilateral hip disorder was also denied as there was no evidence linking it to service.

The Board denied the veteran's claim for an increased rating of his service-connected lumbar spondylosis/lumbar syndrome, finding that a rating in excess of 40 percent was not warranted due to lack of unfavorable ankylosis of the entire spine or thoracolumbar spine.

The Board has restored the original 20% disability rating for traumatic arthritis of the lumbar spine and granted an earlier effective date for the TDIU.

The veteran's claims for service connection for a low back disability, ventral hernia, and left hydrocele are being remanded due to the need for additional development of the record.

The case is being remanded for compliance with VCAA requirements and to clarify the specific region of the body that the veteran claims is afflicted with arthritis.

The veteran's service-connected cervical spondylosis and chronic low back strain do not meet the criteria for special monthly compensation based on loss of use of the lower extremities or financial assistance in purchasing an automobile or other conveyance due to his disabilities.

The Board has determined that the veteran does not have a diagnosed chronic low back disability and therefore, service connection for this condition cannot be granted.