Back / lumbar spine decisions — 2008

The Board has remanded the case to the RO for additional development due to the need for medical examination and opinion regarding the relationship between the veteran's service-connected right ankle disability and his claimed DJD of the lumbar spine, bilateral hips, knees, and left ankle.

The Board has remanded the veteran's claims for service connection for lumbar and cervical spine disorders due to a lack of adequate examination in November 2003, requiring further evaluation.

The Board has determined that the veteran's lumbar spine and right shoulder disabilities were not incurred or aggravated by active service, and therefore denied his claims for service connection.

The Board has remanded the case to the RO for additional development on the TDIU issue due to incomplete examination report and questions regarding the veteran's employability.

The Board denied the veteran's claims, finding that his lumbar spine strain does not meet or approximate the criteria for a higher disability rating.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claims for service connection for degenerative disc disease of the lumbar spine and PTSD. As such, these claims remain denied.

The veteran's death was not caused by any service-connected disability.,The appellant is not eligible for DIC benefits under 38 U.S.C.A. § 1318 as the veteran did not meet the requirement of having been continuously rated totally disabled for a period of ten years prior to his death.

The veteran's claims for increased ratings and service connection for migraine headaches have been denied. The Board found that the evidence did not meet the criteria for a higher initial evaluation for his service-connected adjustment disorder with depression or lumbar spine degenerative disc disease, nor was there sufficient evidence to establish service connection for migraine headaches as secondary to these conditions.

The Board found no evidence to support the claim that the veteran's degenerative disc disease of the cervical spine is related to his service-connected left knee disability, and thus denied the claim.

The veteran's claim for a higher rating for his service-connected DJD of the thoracic and lumbar spine, lumbosacral radiculopathy of the left lower extremity, and lumbosacral radiculopathy of the right lower extremity has been denied. The RO increased the initial ratings to 20 percent effective March 4, 2005.

The veteran's claims for earlier effective dates for hiatal hernia, lumbar discogenic syndrome, and headaches have been denied.,The veteran's claim of service connection for a low back disability has been granted with an effective date of March 24, 1995. However, his requests for increased ratings for the condition remain denied.,For hiatal hernia, the veteran is currently rated at 10 percent and there are no higher ratings available under applicable diagnostic codes.,For lumbar discogenic syndrome, the veteran's current rating of 10 percent remains unchanged. The highest possible rating (20%) has not been met due to lack of severe limitation of motion.,For headaches (claimed as brain syndrome), the veteran is currently rated at 10 percent and there are no higher ratings available under applicable diagnostic codes.

The Board found that the veteran's low back and bilateral ankle disabilities were not incurred or aggravated by service, nor are they related to any service-connected conditions. Therefore, service connection for these disabilities is denied.

The veteran's claim for an initial disability rating in excess of 20 percent for service-connected cervical disc herniation at C3-C4, C5-C6, degenerative disc disease, and cervical myositis is being remanded due to the need for additional development including obtaining SSA records and scheduling a VA examination.

The veteran meets the schedular criteria for a TDIU rating and the evidence reasonably shows that he is unemployable due to his service-connected disabilities.

The Board found that the veteran's entitlement to a total disability evaluation based on individual unemployability due to service-connected disabilities arose on March 2, 2004. The effective date of this decision is set at February 27, 2002.

The Board has remanded the case due to inadequate VCAA notice and will provide further development as directed by the Court.

The Board denied the veteran's claims for a higher disability rating for his service-connected lumbosacral spine disability and denied his claims for service connection for asthma and allergic rhinitis.

The Board has remanded the case for additional development, including a VA examination and notification under the Veterans Claims Assistance Act of 2000 (VCAA). The veteran's claim for an increased disability evaluation for his service-connected low back disability is on appeal.

The veteran's claims for service connection are being remanded due to the need for additional medical examinations and evaluations.

The veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his degenerative disc disease and degenerative joint disease of the lumbosacral spine. The RO will also consider initial compensable ratings for associated radiculopathy of the right and left lower extremities.