Back / lumbar spine decisions — 2007

The veteran's service-connected disabilities do not meet the criteria for specially adapted housing assistance due to their severity and nature.

The Board has determined that new and material evidence has been received to reopen the veteran's claim of entitlement to service connection for a back disability. The issue is now remanded for further development.

The Board denied the veteran's increased rating claim for DDD of the lumbar spine at L4-5, finding that his disability did not meet or approximate the criteria for a higher evaluation prior to February 24, 2004, and from September 1, 2004. The psychiatric disorder claim was also denied.

The veteran's claims for bilateral knee disorder, depressive disorder, and increased rating for low back syndrome were denied. The Board found that the evidence did not support service connection for a bilateral knee disorder or an effective date for depression. For low back syndrome, the claim was granted but at the maximum schedular evaluation.

The veteran's low back strain with degenerative disc disease is currently rated at 40 percent effective November 13, 2004.

The veteran is requesting an increased evaluation for his service-connected neck injury, degenerative joint disease, and degenerative disc disease of the cervical spine. The case has been remanded to schedule a hearing before a Veterans Law Judge at the RO in Winston-Salem.

The veteran's claim for an increased evaluation of his service-connected degenerative joint disease of the lumbosacral spine was denied, as it did not meet the criteria for a higher rating. The claim for TDIU was also denied due to the severity of his disability not preventing him from engaging in substantially gainful employment.

The Board has remanded the case for further development, including consideration of new evidence submitted by the appellant at his July 2006 hearing. The claim will be re-adjudicated based on the entire record.

The Board denied the veteran's claims for service connection of a sciatic nerve disability involving the right lower extremity and an increased rating for low back disability. The claim for compensation under 38 U.S.C.A. § 1151 was also denied.

The veteran's migraines are not rated higher than 30 percent.,Prior to May 31, 2002, the veteran's degenerative disc disease was not rated higher than 20 percent. From May 31, 2002, forward, his condition has been rated at 20 percent.,From August 7, 2004, forward, the veteran's left leg radiculopathy has been rated at 20 percent.

The Board found that the preponderance of evidence is against service connection for arthritis of the thoracic spine and lumbar spine, as there was no in-service disease or injury associated with these areas, and no showing of arthritis to a compensable degree within one year following discharge from service.

The Board has determined that the veteran's degenerative changes of the lumbar spine with herniated nucleus pulposus warrant a 50 percent rating, effective from December 9, 2002.

The Board has granted a 20 percent evaluation for the veteran's service-connected lumbosacral strain, degenerative joint disease and degenerative disc disease effective from April 27, 2006.

The Board denied the veteran's claim for an earlier effective date for his service-connected cervical and lumbosacral spine disabilities, finding that no credible evidence confirms he filed a claim before May 24, 1999.

The veteran's appeal is being remanded due to the need for additional medical records and examinations related to his lumbar spine disability, including postoperative recovery from scheduled surgery. The TDIU claim remains pending.

The Board has determined that the veteran does not have a current low back injury, and his service-connected plantar fasciitis, left foot, residuals of shell fragment wound, right leg, bicipital tendonitis, left shoulder, and septal deviation, status post septorhinoplasty, do not warrant increased ratings.

The Board has determined that the veteran does not have COPD or low back strain with low back pain due to service. The evidence shows that his COPD began in June 1985, over a decade after service ended, and is more likely related to his long-term smoking habit rather than any injury sustained during military service.

The veteran's appeal is being remanded for additional development, including obtaining records of his pre-service motor vehicle accident and scheduling him for a VA examination to determine the nature and severity of his service-connected lumbar spondylosis with right radiculopathy at S1.

The VA denied the veteran's claim for an evaluation in excess of 40 percent for his service-connected low back strain and scoliosis, finding that the disability manifested by severe functional impairment based on orthopedic symptoms alone.

The veteran's appeal is being remanded for additional development, including obtaining private medical records and scheduling the veteran for a VA examination to assess his current disability levels.