Back / lumbar spine decisions — 2007

The Board has determined that the appellant timely filed a Notice of Disagreement with respect to the January 2004 rating decision, and thus the appeal is granted.

The veteran's non-service-connected disabilities do not meet the criteria for special monthly pension based on need for regular aid and attendance or housebound status.

The veteran seeks service connection for a low back injury, but the claim is remanded due to incomplete medical records and lack of an examination. The examiner will determine if the current low back condition is related to his military service.

The Board has granted a 60 percent disability rating for the veteran's degenerative disc disease of the lumbar spine with spinal stenosis and radiculopathy, effective August 23, 1999. The veteran is also granted a total disability rating based on individual unemployability due to his service-connected back disability.

The Board denied the veteran's claim for service connection for residuals of a low back injury, to include nerve damage and arthritis, finding that there was no evidence showing a nexus between his current disability and his military service.

The Board has remanded the case to the RO for further development of the evidence, including obtaining VA medical records and arranging for a new VA examination.

The Board has denied the veteran's claims for service connection for a left shoulder disorder, hypertension, and a back disorder due to lack of competent evidence linking these conditions to his military service.

The veteran's low back disability was initially rated at 10 percent from April 1, 2003 through October 1, 2006. From October 2, 2006, the disability is now rated at 10 percent with more severe symptoms.

The Board has reopened the veteran's claim for service connection for a back disorder. The claims for increased ratings for right shoulder bursitis and sinusitis are remanded for further development.

The Board denied an initial evaluation in excess of 10 percent for the veteran's service-connected low back disability, finding that his symptoms did not warrant a higher rating based on the evidence of record.

The veteran's service-connected low back and knee disorders are considered in determining his chronic pain syndrome. The Board finds that he does not have a separately compensable chronic pain syndrome secondary to any of his service-connected conditions. However, the veteran has depression that is due to his service-connected disorders.

The Board found that the veteran's skin cancer was not incurred in or aggravated by active service on either a direct or presumptive basis, and thus denied his claim for service connection.

The veteran's claim for additional compensation benefits based on dependent children was received in September 2003, and the effective date of October 1, 2003, is assigned as the first day of the month following the submission of evidence. The veteran is not entitled to increased benefits prior to this date.

The Board has granted service connection for a lumbar spine condition secondary to a service-connected bilateral foot disorder for purposes of accrued benefits, as the evidence is in relative equipoise regarding this claim.

The Board found that new and material evidence had not been submitted to reopen the veteran's claim of entitlement to benefits under 38 U.S.C.A. § 1151 for the residuals of a spinal injection conducted in April 1983, as the additional evidence did not relate to an unestablished fact necessary to substantiate the claim.

The veteran withdrew his appeal of the claims for tendonitis of the right heel, bilateral defective hearing, and a low back disability.

The Board has determined that the veteran's claims for service connection for bilateral hearing loss and traumatic arthritis are not supported by the evidence of record. The claim for a bilateral foot condition is reopened, but service connection remains denied.

The Board found that the veteran's degenerative joint disease of the lumbar spine with sciatic radiculitis does not warrant a rating in excess of 20 percent, and granted separate ratings for right and left sciatic radiculitis.

The veteran's lumbar spine disability results in chronic pain and stiffness, right-sided sciatica, limitation of flexion to 70 degrees, and a combined range of motion of the thoracolumbar spine of 215 degrees. There is no evidence of favorable or unfavorable ankylosis, incapacitating episodes requiring bed rest prescribed by a physician, or neurological impairment.

The veteran's appeal is being remanded for further examination and to obtain additional medical records. The issues are related to the initial ratings assigned for his service-connected left wrist fracture, right knee injury, and lumbar strain.