Back / lumbar spine decisions — 2007

The veteran's service-connected hip and lumbosacral spine disabilities are being reviewed to determine if they alone meet the criteria for a TDIU. An updated VA examination is needed to assess the severity of these conditions.

The Board has determined that the veteran's arthritis of the lumbar spine, bilateral hips, and bilateral knees are aggravated by his service-connected left lower extremity disorder. The right foot disorder is not shown to be related to any service-connected condition.

The Board has determined that the veteran's lumbar disc disorder and major depression were not incurred or aggravated during service, nor are they proximately due to a service-connected disability. The evidence does not support a finding of service connection for these conditions.

The Board has granted service connection for arthritis of the cervical spine and finds that it is presumed to have been incurred during active service. The low back pain, visual impairment, and streptococcal infection are also found to be due to an undiagnosed illness.

The veteran's appeal is being remanded to the RO for further development and consideration, including providing VCAA notice regarding service connection for depression as secondary to his service-connected degenerative disc disease of the lumbar spine.

The Board has determined that the veteran's previously denied claim of entitlement to service connection for a lower back disability is not reopened due to lack of new and material evidence.

The veteran's claim for an increased evaluation for his service-connected degenerative disc disease of the lumbar spine was denied. The RO found that the disability did not meet criteria for a higher rating prior to October 6, 2006 and after that date.

The Board has denied the veteran's claims for initial compensable ratings for strained right (major) shoulder with slap lesion, lumbar strain, and bilateral tinea pedis as there is no evidence of arthritis or LOM in his right shoulder, full ROM in his back, or any pathology that would warrant a higher rating under the applicable diagnostic codes.

The VA denied a rating in excess of 20 percent for the veteran's service-connected low back disability, finding that his condition did not meet criteria for an increased rating.

The veteran's claim for a higher evaluation for his lumbar spine disability was denied, as the evidence did not show that he had incapacitating episodes of at least four weeks during the previous year. His TDIU claim was also denied due to his service-connected disabilities alone not preventing him from securing or following substantially gainful employment.

The Board has remanded the veteran's claims for further development, including obtaining medical opinions to determine if his current back and knee disorders are related to service.

The Board has determined that additional development is needed, including obtaining VA treatment records and scheduling the veteran for a VA examination to determine if his back and right ankle disabilities are related to service.

The Board found that the veteran's back disability did not have its onset in service and is not the result of a disease or injury incurred in service.

The Board has remanded the case due to the need for a new VA examination and additional development of records.

The veteran's request for an earlier effective date for VA compensation benefits in lieu of military retirement pay was denied as the earliest legal basis is February 3, 2004.

The veteran's claim for special monthly compensation on account of need for aid and attendance or by reason of being housebound is remanded due to inadequate evidence regarding the extent of his service-connected disabilities' impact on daily self-care functions.

The case is being remanded for additional examinations and opinions to address the veteran's claims.

The Board denied an initial compensable rating for thoracic spine injury and a separate 10 percent rating for radiculitis, but granted a 20 percent rating for the low back disability.

The veteran's service-connected degenerative disc disease and osteoarthritis of the lumbar spine is currently rated at 40 percent, which is the maximum schedular rating under the old criteria. The new general rating formula for diseases and injuries of the spine does not change this rating as it still meets the criteria for a severe lumbosacral strain.

The veteran's claim for a disability rating in excess of 40 percent for his service-connected lumbar spine condition was denied as the evidence did not meet the criteria for a higher rating.