Back / lumbar spine decisions — 2008

The Board has determined that the veteran's service-connected degenerative disc disease with arthritis, lumbar spine does not present an exceptional or unusual disability picture that would render impractical the application of the regular schedular standards for a higher rating. Therefore, the claim for an extra-schedular evaluation is denied.

The veteran's appeal has been dismissed as he withdrew his appeals for the issues of whether new and material evidence had been submitted to reopen claims for service connection for degenerative joint disease and degenerative disc disease of the lumbosacral spine, rotator cuff tear and degenerative joint disease of the left shoulder, and degenerative joint disease of the right acromioclavicular joint.

The veteran's claim for an initial rating in excess of 60 percent for residuals of a lumbosacral spine was denied. The disability is currently rated at 60 percent.

The veteran's claim for an evaluation in excess of 40 percent as of March 19, 1998 was denied. The medical evidence did not show incapacitating episodes or unfavorable ankylosis of the entire thoracolumbar spine.

The Board denied increased ratings for low back strain, finding that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board has remanded the case for additional development due to new evidence submitted by the veteran and incomplete medical opinions regarding his lumbar spine disability and cervical myelopathy.

The Board has denied the veteran's claims for service connection for lumbar disc disease and bilateral shoulder strain as residuals of a dorsal spine injury in service, and for service connection or residuals of frostbite. The evidence does not support a finding that these conditions are related to his military service.

The veteran's claims for service connection are being remanded due to the need for additional evidence, including in-patient hospital records and VA clinic records.

The veteran's initial evaluations for his left ankle condition, recurrent pruritis (skin disability), and lumbar spine disability have been granted with a 10 percent evaluation each. The other issues remain in appellate status.

The veteran's claim for an increased rating for his service-connected low back disability is being remanded due to the need for additional development, including providing proper notice and obtaining private medical records.

The Board has denied the veteran's claims for service connection for a left knee disability, low back disability, and right hip disability as secondary to his service-connected right foot disability due to lack of evidence showing current disabilities or continuity of symptoms.

The Board denied the veteran's claims for higher initial ratings for cervical spine disability, lumbar spine disability, and right shoulder arthritis. The claim for residuals of excisions of basal cell carcinoma was not addressed as it was rated noncompensable.

The Board denied increased ratings for chronic lumbosacral strain and service connection for bilateral hip, knee, and foot disorders. The veteran's muscle disorder of the lower extremities was also not granted service connection.

The Board has determined that the RO did not consider all periods of service when adjudicating the claim, including the veteran's period of active duty in the Army National Guard. The case is being remanded to consider both periods of service and determine if the veteran had a low back disability incurred or aggravated during his Reserve and National Guard service.

The Board denied the veteran's claims for higher initial ratings for hallux valgus of both feet and service connection for a low back disability, finding that there was no evidence of in-service injury or disease related to these conditions.

The Board has remanded the case for additional development, including obtaining treatment records and providing proper notice to the veteran. The veteran's appeal is currently in a pending status.

The Board has denied the veteran's claims for increased rating, service connection for low back disability, chronic headache disability, rheumatoid arthritis as a result of an undiagnosed illness, and acral hyperhidrosis as a result of an undiagnosed illness.

The Board has remanded the case for additional development, including obtaining medical records and scheduling VA examinations to determine if the veteran's claimed conditions are related to his military service.

The veteran's lumbar spine laminectomy with fusion is rated at 10 percent, and he has a separate rating of 10 percent for right lower extremity radiculopathy. His left hip osteoarthritis and early degenerative arthritis of the right knee are each rated at 10 percent. Bilateral cataracts with dry eye syndrome and punctuate keratitis are rated at 0 percent.

The Board has determined that the veteran does not have any current diagnoses of headaches, TMJ, sleep disorders, low back pain, or liver disorder. The evidence does not support a finding that these conditions are related to service or exposure to Agent Orange.