Back / lumbar spine decisions — 2008

The veteran has withdrawn his appeals for the initial ratings of right inguinal hernia, left elbow epicondylitis, and lumbar spine disorder.

The veteran's claim for payment or reimbursement of medical expenses incurred during his hospitalization at the Medical University Hospital of South Carolina from June 4, 2001 to July 18, 2001 is being remanded due to incomplete records and unclear determination of stabilization date.

The veteran's claims for service connection were denied as his claimed conditions are not related to his military service, and the evidence does not support reopening of any previously denied claim.

The veteran's lumbar spine disability was rated at 60 percent effective March 15, 2004. Prior to this date, the disability warranted a rating of 20 percent.

The Board denied service connection for heart condition, systemic nerve damage, stenosis of the lumbar canal with associated right sided sciatica and loss of use of legs with numbness, degenerative disc disease of the cervical spine, residuals of chronic prostatitis with retractable testicles, painful erection/ejaculation, and depression.

The VA denied the veteran's claim for an increased rating for his low back strain, currently evaluated at 20 percent. The objective medical evidence did not show marked or severely limited motion or severe lumbar strain to warrant a higher rating.

The Board has granted a 20 percent disability rating for the veteran's lumbar spine disability, effective October 25, 2007. The claimant is seeking an even higher evaluation.

The Board has denied the veteran's claim for service connection for an acquired psychiatric disorder (claimed as bipolar disorder). The claim for an initial rating in excess of 10 percent for low back disability is being remanded to the RO.

The veteran's vocational goal for self-employment of retailing herbal products was denied due to the effects of his multiple service-connected and nonservice-connected disabilities, which prevent him from successfully achieving a vocational goal.,VA determined that the veteran is not currently feasible for employment under Chapter 31, thus denying continuation of the February 1998 vocational goal. Additionally, reimbursement for travel expenses was denied.

The veteran's service-connected lumbosacral spine disability and right foot impairment have been rated at the maximum available under VA regulations. The effective date for the TDIU has been set as September 15, 2006.

The Board denied the veteran's claim for an initial rating higher than 20 percent for his low back disability, finding that the evidence did not meet the criteria for a higher rating based on the symptoms and functional impairment of his degenerative disc disease and lumbar strain.

The Board denied the veteran's claims for service connection and initial ratings for various disabilities, including low back, right elbow, left elbow, right knee, left knee, gastrointestinal disorder, and skin disorder.

The veteran's service-connected disabilities of the spine have been rated as noncompensable (0%) and denied for increased ratings.

The veteran's claim for a higher rating for his low back disability was denied. He is currently rated at 20% for degenerative disc disease of the lumbosacral spine, but does not meet criteria for an increased rating as forward flexion is greater than 30 degrees and he has no evidence of muscle spasm or guarding severe enough to result in abnormal gait or spinal contour. His claims for sciatica are also denied.

The Board denied the claim for an earlier effective date and remanded the claim involving a higher evaluation for the service-connected low back disability. The veteran failed to appear for a VA examination scheduled in February 2008, which resulted in his claim being denied due to failure to report without good cause.

The Board has remanded the case due to inadequate notice provided to the appellant regarding her DIC claim based on a previously service-connected condition.

The veteran's claim for higher ratings for his low back disability was denied. The initial rating of 20 percent prior to September 28, 2006, and the staged rating of 40 percent from that date forward were both denied.

The Board denied the veteran's claims for service connection for various conditions, finding no new and material evidence to reopen his previously denied claims.

The veteran's appeal is being remanded for additional development, including a VA orthopedic examination to assess the current degree of limitation of motion of his lumbar spine and whether he has incapacitating episodes due to intervertebral disc syndrome. The case will be adjudicated again after this development.

The Board has denied the veteran's claims for service connection for a low back disability and compensable rating for hemorrhoids. The claim of entitlement to service connection for PTSD is referred to the RO for further development.