Back / lumbar spine decisions — 2007

The Board has granted an effective date of September 1, 2001 for the assignment of a 20 percent disability rating for the veteran's service-connected lumbosacral spine disability.

The Board denied the appellant's claim for an extension of her delimiting date for educational assistance benefits under Chapter 1606, finding that she did not provide timely documentation and was not prevented from attending school by a service-connected disability.

The veteran's claim for a total rating based on individual unemployability was granted, and he is now receiving a 30% evaluation for his cervical spine disability.

The veteran's claim for an increased rating for his degenerative disc disease (DDD) of the lumbar spine is being remanded due to the need to obtain additional evidence from SSA.

The veteran's cervical spine degenerative disc disease and degenerative arthritis have been rated at 60 percent since July 10, 2004. The lumbar spine degenerative disc disease and degenerative arthritis have been rated at 40 percent since October 4, 1996.

The Board has remanded the case due to incomplete records and a need for further medical examination. The veteran's claim of service connection for low back injury is pending.

The veteran's degenerative joint and disc disease of the thoracolumbar spine is currently rated at 40 percent since November 30, 2006.

The Board denied the veteran's claims for a higher rating for his left shoulder disability and service connection for a lumbar spine disorder secondary to his left shoulder disability.

The veteran's claim for an evaluation in excess of 20 percent for lumbosacral strain, with minimal spurring and degenerative disc disease (DDD), is being remanded due to the need for additional development.

The veteran's claims for evaluations of various conditions from March 22, 2001 are being remanded due to the appellant's failure to appear at a scheduled hearing.

The veteran's claim for service connection for a digestive system disorder, including GERD and PUD, has been reopened. However, the evidence does not establish that his current psychiatric disorder is related to service.,Service connection cannot be established for diabetes mellitus as there was no in-service exposure to Agent Orange. The low back condition and bilateral knee condition have also not been shown to be related to service.

The veteran had a service-connected disability (schizophrenia) and was receiving compensation benefits. After the veteran's death, his surviving spouse is entitled to retroactive payments based on his restored 100% rating for schizophrenia.

The Board has decided to remand the veteran's claim for an increased rating for his service-connected lumbar spine degenerative disc disease due to the need for additional examination and development of records.

The veteran's initial noncompensable ratings for mitral valve prolapse, bilateral plantar fasciitis, and lumbar spine strain were granted effective October 1, 2003.

The Board has denied the veteran's claims for service connection for low back disorder and left shoulder disorder, finding no competent medical evidence linking these conditions to his military service.

The Board finds that the veteran submitted a timely VA Form 9 as to the claims for entitlement to service connection for tuberculosis and entitlement to service connection for a low back disability, thus granting these issues.

The veteran's service-connected disability does not meet the criteria for special monthly compensation based on need for regular aid and attendance or being housebound.

The veteran's service-connected DJD and DDD of the lumbar spine do not meet the criteria for a higher evaluation as they do not result in muscle spasm on extreme forward bending, loss of lateral spine motion, or moderate limitation of motion.

The VA has denied a higher rating for the service-connected degenerative joint disease (DJD) of the lumbar spine, currently rated at 40 percent.

The veteran withdrew her appeals for specially adapted housing and special home adaptation.,She was denied service connection for various conditions including left shoulder, knee, cervical spine, lumbar spine, left ankle, left hip, and generalized arthritis. She also had a disability evaluation in excess of 10 percent for residuals of a fractured right clavicle for the period prior to February 23, 2000, but not from April 1, 2001, forward. Her scar evaluations were also denied.