Back / lumbar spine decisions — 2008

The veteran's lumbar spine disorder is rated at 40 percent effective as of May 15, 2006. Bilateral sciatic radiculopathy is separately evaluated at 10 percent each.

The Board denied the veteran's claims for an earlier effective date for a 10% evaluation for lumbosacral strain with degenerative disk and joint disease, as well as his claim for a compensable evaluation for hemorrhoids. The issue of service connection for residuals of pneumonia (also claimed as pleurisy and residuals of blood clot) was also addressed but the veteran did not pursue this claim.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of service connection for a low back disorder. The VA will provide an examination to determine if any current low back disorder is linked to active military service, including his lower right leg injury in December 1953.

The Board denied the veteran's claim for an increased rating for his service-connected back disorder, finding that there was no new and material evidence to reopen the previously denied claim.

The Board denied the veteran's claims for increased disability ratings for his service-connected thoracolumbar spine, right and left lower extremity varicose veins, and severed flexor tendon of the left long finger.

The Board has remanded the case for further development due to the need for medical examinations and opinions regarding the veteran's claimed conditions, particularly his lung disability.

The veteran's claims for increased ratings for his service-connected lumbar spine arthritis, right hip osteoarthritis, and left hip osteoarthritis are being remanded to allow for additional development of the medical records and for a new VA examination.

The veteran's claim for an increased rating for his service-connected lumbar injury with lumbosacral degenerative disc disease was denied. The RO found that the veteran's orthopedic manifestations did not warrant a higher than 20 percent rating, and only mild sciatic peripheral neuropathy of each lower extremity warranted separate no more than 10 percent ratings.

The veteran's right shoulder disability was granted a higher rating of 40 percent, while his right knee and back disabilities were denied increased ratings.,The veteran's lumbar spine condition received an increased rating to 40 percent, but the right knee issue remained at its current 10 percent rating.

The Board found no evidence of a chronic low back disorder during service or for over 30 years after separation. The veteran's current low back degenerative arthritis is not related to his active duty service and is not secondary to hepatitis C, which is also not service-connected.

The Board found no evidence of a current disability related to service and denied the veteran's claim for service connection for a back disability.

The Board has remanded the veteran's claims due to inadequate VCAA notice and an incomplete VA examination. The claims will be reopened if new and material evidence is submitted.

The Board granted service connection for upper and lower back disorders, denied a rating in excess of 20 percent for the veteran's right knee disability, and awarded TDIU effective November 12, 1997. The combined disability rating was 70 percent.

The veteran's low back disability and right sciatica are rated at the maximum allowed under VA guidelines. The scar is also rated at its highest level, but only for the period prior to January 14, 2004.

The veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on being housebound as he does not have a single service-connected disability rated as 100 percent disabling.

The Board has granted service connection and a 10 percent evaluation for the veteran's left shoulder disability, back condition, and right knee disability. The rating for the right knee is maintained at 10 percent.

The Board found no evidence of a current cervical, thoracic, or lumbar spine disability related to service. The left shoulder and right leg conditions were also not shown to be related to service.

The Board denied the veteran's claims for a higher rating for his lumbosacral spine disability and for an otitis media of the right ear, but granted a noncompensable rating for his right ear hearing loss. The claim for individual unemployability was also denied.

The Board has determined that the veteran's service-connected lumbar spine degenerative joint disease warrants a 40 percent disability rating, effective from the date of the August 2003 decision.

The Board has determined that the veteran does not have a current disability of the lumbar spine or right knee that is related to his active service, including as secondary to his service-connected left knee disability.