Back / lumbar spine decisions — 2008

The VA denied an increased evaluation for the veteran's post-stress discopathy of the lumbosacral spine, currently rated at 20 percent. The evidence showed forward flexion to 70 and 80 degrees without incapacitating episodes.

The Board has remanded the case due to deficiencies in obtaining service medical records and personnel records, as well as for additional examinations of the veteran's back disorder and hearing loss.

The Board has determined that the veteran does not have a current right hand disability related to an injury with fracture of the right index finger and scarring of the middle, ring, and index fingers in service. The neck disorder is unrelated to service. The back disorder was not manifest during service and is unrelated to service. The right leg disorder was not manifested during service and is unrelated to service. The left leg disorder was not manifested during service and is unrelated to service.

The Board has determined that the veteran's right foot neuroma, left leg disability, and left leg disability (including left knee) are not related to his service-connected back disability. Therefore, these claims for secondary service connection have been denied.

The Board denied the veteran's claims for service connection for a back disability, lower extremity disability, and pension benefits due to lack of evidence linking these conditions to his military service. The veteran was found not permanently and totally disabled from non-service connected disabilities.

The veteran's claims for a higher disability rating for his lumbosacral strain and for a TDIU are being remanded to the RO for additional development, including obtaining SSA records and considering new evidence.

The veteran's initial claim for a higher rating for his thoracolumbar spine disability was denied. The Board found that the evidence did not support an increased rating from August 1, 2004 to May 16, 2007, and also did not support an increased rating from May 17, 2007 onward.

The veteran's bilateral hearing loss and low back disability were granted service connection, but the rating for her low back disability was increased to 10 percent effective May 10, 2006. The veteran's bilateral hearing loss remains at a noncompensable level.

The Board has remanded the case for additional development, including scheduling a VA spine examination and considering new evidence submitted by the veteran's representative.

The Board found that the veteran's lumbar osteoarthritis was not incurred in or aggravated by service, nor may it be presumed to have been incurred due to his military service. The Board also determined that the veteran's current low back disability is not related to his service-connected residuals of a medial meniscectomy of the left knee.

The Board found that the veteran's low back disability warranted a rating of 60 percent, which is higher than the initial 40 percent assigned in March 2001. The disability was characterized by constant pain and radiating symptoms to the lower legs, with diminished sensitivity and reflexes of the left lower leg.

The Board has determined that the veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, thus granting total disability based on individual unemployability due to service-connected disabilities on an extraschedular basis.

The veteran's skin cancer claim is denied as there is no evidence of a current disability related to service or herbicide exposure. The low back disability claim results in a denial due to the lack of medical evidence showing that the condition was incurred during service or due to herbicide exposure. The postoperative inguinal hernia claim also results in a denial.

The veteran's service-connected low back disability, diagnosed as degenerative joint disease of the lumbar spine, has not been shown to warrant a rating higher than 20 percent at any point during the appeal period.

The Board has granted the veteran's claim for a total disability rating based on individual unemployability due to his service-connected disabilities, which prevent him from securing or following substantially gainful employment.

The VA granted a 60 percent evaluation for chronic lumbar strain with post-operative laminectomy and disc surgery, effective March 10, 2001. They also granted a TDIU rating effective from the same date.

The Board denied service connection for a low back disorder, finding that the veteran's current condition is not related to his active military service.

The veteran's claims for increased evaluations of mechanical low back pain and hemorrhoids have been denied by operation of law due to his failure without good cause to report for VA examinations scheduled in conjunction with the claims.

The veteran's claim for service connection for a back disorder is being remanded due to the submission of new evidence that was not considered in previous decisions.

The Board has remanded the case for additional development, including obtaining medical records and providing examinations to determine the etiology of the veteran's claimed conditions.