Back / lumbar spine decisions — 2008

The Board found that the veteran does not have a current back disability or depression that is service-connected, and denied both claims.

The Board denied the veteran's claims for service connection for dental injury, right upper extremity disability, back disability, and bilateral hearing loss due to lack of evidence supporting these conditions during his military service.

The veteran's appeal involves his cervical spine disability, including a claim for an earlier effective date and TDIU. The Board has determined that additional development is needed due to the complexity of the issues.

The Board has reopened the veteran's claims for service connection for bilateral pes planus and low back disability, to include arthritis. The claim of service connection for hyperlipidemia remains denied as no new evidence was received that could relate to an underlying physical disability.

The Board has determined that the veteran does not have hearing loss, tinnitus, a knee disability, a low back disability, an ankle disability, or a hand disability as the result of disease or injury incurred in service. The claims are therefore denied.

The Board has determined that new and material evidence was not received to reopen the claim for service connection for a right foot disability. The claims for service connection for arthritis of the lumbar spine and bilateral knees are denied as there is no medical evidence linking these conditions to service.

The Board has ordered a VA examination to determine if the veteran has a low back disability related to his service, including complaints of low back pain made in 2003.

The Board has determined that the veteran's service-connected chronic lumbosacral strain with degenerative changes warrants a 10 percent rating, and his mild incomplete paralysis of the sciatic nerve of the right leg warrants a separate 10 percent rating. The veteran is not entitled to higher ratings based on incapacitating episodes or other criteria.

The veteran's claims for increased ratings and effective dates were denied. The RO found that the evidence did not meet the criteria for higher disability ratings under the applicable rating criteria.

The veteran's lumbar spine disability is currently rated at 30 percent, effective October 1, 2002. The right shoulder disorder was initially evaluated as 10 percent prior to November 7, 2007 and has been increased to 30 percent since then.

The veteran's claim for an increased rating was denied because he failed to report for scheduled VA examinations without good cause.

The Board has remanded the case for additional development, including obtaining service medical records and arranging for a VA examination to determine if the veteran's current back disability is related to his in-service motor vehicle accident. The TDIU claim will also be addressed.

The Board has remanded the veteran's claim for a new VA examination to address all of the medical evidence of record, including any favorable medical opinions. The case will be readjudicated after the examination.

The veteran's service-connected disabilities alone do not prevent him from obtaining substantially gainful employment.

The veteran's claim for an earlier effective date for TDIU was granted, with the effective date set at June 6, 1991. The veteran met the criteria for TDIU as of that date due to her service-connected disabilities.

The VA has granted an increased rating of 40 percent for the veteran's degenerative disc disease, effective July 7, 2003.

The Board denied the veteran's increased rating claim for his lumbosacral spine disability and did not address the earlier effective date issue related to service connection for bilateral hip avascular necrosis with loss of use of both legs.

The veteran's claim for higher ratings for his thoracic and lumbosacral spine disability, GERD, and mouth ulcers was denied. The VA found that the evidence did not support a rating in excess of 10 percent for the back condition.

The Board denied the veteran's claims for service connection for back disability, right thumb disability, and dental disorder. The evidence did not support a finding of service connection for any of these conditions.

The Board denied the veteran's claims for service connection for degenerative changes of the right shoulder, chronic Hepatitis C, a lumbar spine disorder, and a bilateral knee disorder. The evidence did not establish new and material evidence to reopen the claim for degenerative changes of the right shoulder, nor was there sufficient medical evidence linking any current disabilities to service.