Back / lumbar spine decisions — 2007

The veteran's nonservice-connected disabilities do not meet the schedular requirements for a permanent and total disability rating for VA pension purposes.

The veteran's service-connected disabilities (Generalized Anxiety Disorder, Major Depressive Disorder, PTSD, Degenerative Disc Disease of the Cervical Spine, Radiculopathy of the Left Shoulder/Arm, Headaches, Hypertension, and Corneal Abrasion of the Right Eye) meet the criteria for a TDIU due to their combined 80% disability rating.

The Board has granted service connection for the cause of the veteran's death due to his service-connected disabilities, which contributed materially to his death. The appellant's claims for DIC under 38 U.S.C.A. �� 1151 and 1318 are dismissed as moot.

The Board has remanded the case for additional development due to incomplete information and a need for medical examinations.

The Board has decided to remand the case due to incomplete service medical records and the need for a VA examination to determine if the veteran's current low back disorder is related to his in-service injury. The appeal will be returned to the RO for further action.

The veteran's major depressive disorder is currently rated at 30 percent, effective December 22, 2002. The RO has not granted a higher rating for this condition.,For her low back disability, the veteran was initially awarded a 10 percent rating in June 2004 and later revised to 30 percent in June 2005, both effective December 22, 2002. The RO has not granted a higher rating for this condition.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection of a low back disability. The Board also found that the current low back disability is etiologically related to the in-service injury, thus granting the claim.

The veteran's claims for increased ratings are remanded due to the need for additional VA examinations.

The Board has determined that the veteran's currently diagnosed bilateral hearing loss and tinnitus are not related to active service, while his postoperative residuals of lumbosacral spondylosis, right knee disability, and left knee disability may be linked to service. The claims for these conditions remain denied.

The veteran's service-connected degenerative disc disease of the lumbar spine is currently rated at 20 percent, and no higher rating is warranted based on the evidence provided.

The Board found that the veteran's claim for service connection was not reopened due to lack of new and material evidence. The January 1987 rating decision denying service connection for residuals of back injury is also denied as there is no clear and unmistakable error.

The veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and providing proper VCAA notice.

The VA determined that the veteran's service-connected chronic low back strain does not warrant a rating higher than 20 percent, effective November 23, 2004.

The Board denied the veteran's claims for increased ratings for his service-connected lumbosacral spine, left hip, and right hip disabilities. The claim for prostatitis was also denied as there is no evidence of current symptoms or disability.

The Board has determined that the veteran's back condition was not incurred in or aggravated by service, and therefore denied his claim for service connection.

The Board denied the veteran's claims for increased rating for lumbosacral strain, service connection on a secondary basis for bilateral hip, leg, knee, ankle, and foot conditions, reopening of previously denied claim for HNP L4-L5 status post-operative, and TDIU.

The veteran's service-connected mechanical low back strain with spondolylithesis is currently rated at 20 percent, which does not meet the schedular requirements for a higher rating. The Board also found that there is no evidence to warrant referral for consideration of individual unemployability on an extra-schedular basis.

The Board has granted a total disability rating for compensation purposes based on individual unemployability due to the veteran's service-connected disabilities, including lumbar disc disease with right side sciatica and diabetes mellitus. The veteran is precluded from obtaining and maintaining any form of gainful employment consistent with his education and occupational experience.

The Board has denied the veteran's claim for service connection for a left ankle disability. The claims of service connection for low back and leg disabilities are pending and will be addressed in the REMAND portion of this decision.

The Board has remanded the veteran's claims for increased ratings and effective date determination due to incomplete information, including conflicting medical evidence regarding diabetes mellitus. The veteran's claim for service connection for PTSD is also being remanded as verification of his claimed in-service stressor needs to be made.