Back / lumbar spine decisions — 2008

The veteran's appeal is being remanded for further development and consideration of his claims for increased ratings for service-connected cervical spine degenerative disc disease and mechanical low back pain.

The Board has remanded the case for further development due to issues related to service connection.

The Board has determined that there is no competent evidence of a nexus between the veteran's current low back disability and his service, including the period of active duty for training (ACDUTRA). The claim for service connection is denied.

The Board denied service connection for a back condition and denied increased ratings for the left knee disability. The decision found that any current low back disability is not related to service, while finding that the left knee disability warranted an evaluation in excess of 10 percent prior to February 10, 2007, but no higher rating from that date.

The Board has remanded the case due to the need for a video-conference hearing and further development.

The Board found no evidence to support the veteran's claims of service connection for bilateral knee, hip, and leg disabilities. The effective date for a total disability evaluation based on individual unemployability due to service-connected disorders was denied as it did not meet the schedular criteria prior to August 10, 2000.

The veteran's claims for increased ratings and TDIU were denied, while the claim for financial assistance in purchasing an automobile or other conveyance and adaptive equipment was also denied.

The veteran's claims for service connection for a mental disability and a back disability are being remanded due to missing service medical records, lack of private physician records, and the need to obtain Social Security Administration (SSA) records.

The Board denied the veteran's claims for service connection for residuals of a right tibial stress reaction and whether new and material evidence has been submitted to reopen his claim for low back disorder. The Board found that there was no medical evidence linking current tibia or back disorders to service.

The Board has ordered a remand due to conflicting and incomplete medical evidence regarding the veteran's low back disorder. The case must be returned for further development, including another VA examination of his spine.

The VA denied the veteran's claim for a rating in excess of 20 percent for his low back strain, finding that his symptoms did not warrant such an increase.

The Board denied the veteran's claims for service connection for lumbar spine and left knee disabilities, but granted a 50 percent rating for PTSD effective July 7, 1997. The veteran was informed of these determinations.

The Board has reviewed the veteran's claims for service connection for various conditions, including asbestosis (also claimed as COPD), PTSD, positive TB test, hypertension, degenerative disc disease of the lumbar spine with lumbago and sciatica, scoliosis, and skin fungus. However, there is no competent medical evidence to support a finding that any of these conditions were incurred or aggravated by service.

The Board has remanded the case due to the need for a new VA examination and additional records, including an MRI of the lumbar spine. The veteran's asthma is also being reviewed as part of this process.

The veteran's claims for increased ratings and service connection were denied. The right shoulder disability was rated as noncompensable prior to December 16, 2005, and at 20 percent thereafter. Sleep apnea remains at a 50 percent rating. Service connection for the neck condition and chronic inflammatory demyelinating polyradiculoneuropathy were denied.

The Board has granted service connection for degenerative arthritis of the right hip and chronic lumbar strain, both found to be secondary to service-connected disabilities of the knees.

The Board denied increased evaluations for the veteran's headaches and degenerative joint disease of the lumbar spine, finding that neither condition warranted a rating higher than the current assigned ratings.

The Board found that the February 1993 and September 1994 rating decisions did not contain clear and unmistakable error in failing to award a separate rating for sciatic radiculopathy of the left lower extremity and left foot associated with service-connected degenerative disc disease of the lumbosacral spine.

The Board denied the veteran's claims for earlier effective dates and increased ratings, finding that the June 1974 rating decision was final and that new and material evidence had not been submitted since then.

The veteran's service-connected degenerative disc disease of the lumbar spine has been rated at 10 percent from January 21, 2005, to May 22, 2006, and at 20 percent from May 23, 2006. Effective August 4, 2006, the veteran's disability has been rated at 40 percent.