Back / lumbar spine decisions — 2008

The VA denied an increased rating for the appellant's lumbar radiculopathy and intervertebral disc syndrome, L4-L5 and L5-S1, status post lumbar fusion. The current evaluation of 40 percent is deemed insufficient to reflect the severity of his condition.

The veteran's claims for a higher rating and TDIU were denied, while his request to reopen his cervical spine disorder claim was also denied. The VA found that the evidence did not meet the criteria for a higher disability rating or TDIU.

The Board denied the veteran's claim for an increased evaluation of his service-connected intervertebral disc syndrome of the lumbar spine, finding that the evidence did not support a higher rating.

The veteran's appeal is being remanded for additional development of his claims, including obtaining recent medical records and SSA records.

The veteran's claims for increased disability ratings have been denied. The veteran is already service-connected for migraine headaches, and his low back disorder has a current evaluation of 20%. His left lower extremity neurological manifestations are currently rated at 20%, effective May 3, 2005. His cervical spine disorder does not meet the criteria for an increased rating. His left epididymal cyst is not service-connected.

The veteran seeks service connection for a low back disorder, cervical spine disability, and hypertension. The Board finds that the veteran's current conditions are not related to his military service.

The veteran's appeal is being remanded for further evaluation of his L5/S1 osteoarthritis and degenerative disc disease, as well as cervical spine osteoarthritis. The RO will schedule a VA examination to assess the current severity of these conditions.

The Board has determined that the veteran does not meet the criteria for service connection for tinnitus, chronic low back disability, or an increased rating for bilateral hearing loss.

The Board denied the veteran's claims for service connection for a back disorder and a skin disorder, finding no evidence of a nexus between his current conditions and his military service. The Board also found that there was insufficient evidence to establish herbicide exposure.

The Board has reopened the previously denied claim for service connection for a low back disability, but finds that there is no evidence to support the veteran's contention that his current condition is related to military service. The claim is therefore denied.

The Board has ordered a remand due to the need for additional medical examination and review of the claims file.

The veteran's chronic lumbosacral spine degenerative disc disease and laminectomy residuals are granted service connection as they were incurred during wartime service. The veteran's claimed chronic skin disorder is not presumed to be due to Agent Orange exposure, but the Board finds no evidence of a chronic skin condition in service or otherwise related to service.

The veteran's cervical spine disability is not rated higher than 30 percent, and his right and left knee disabilities are each rated at the maximum of 20 percent. The veteran was granted separate 10 percent evaluations for limitation of extension in both knees.

The veteran's claims for service connection have been remanded due to inadequate VCAA notice.

The Board granted a 20 percent rating for the veteran's chronic low back strain and increased ratings of 30 percent for GERD and inflammatory bowel disease, effective September 1, 2006.

The veteran's degenerative disc disease of the lumbar spine has been rated at 10 percent, but his claims for left hip, right ankle, and left ankle disabilities have all been denied.

The veteran's lower back disability is rated at 20 percent, effective August 4, 2005. The claim for special monthly compensation based on the need for regular aid and attendance of another person or upon housebound status was denied.

The Board denied the veteran's request for a program of Independent Living Services under Chapter 31, as the requested equipment is not necessary to improve his independence in daily living.

The Board denied the veteran's claims for increased evaluations for right foot hallux valgus and low back disability, finding that the evidence did not meet the criteria for a higher evaluation under the applicable rating schedule.

The veteran's claims for service connection, waiver of overpayment, and disability ratings are being remanded to the RO for additional development.