Back / lumbar spine decisions — 2009

The Veteran's degenerative disc disease of the lumbar spine is currently rated at 20 percent, effective from November 17, 2005. The Board found that a higher rating was not warranted based on the evidence showing no unfavorable ankylosis or associated neurological impairment.

The Board has granted service connection for bilateral hearing loss. The Veteran's low back disability is being remanded to obtain additional medical records and to provide a VA examination.

The Board has remanded the case due to the need for additional development, including obtaining Social Security Administration records and private medical records.

The Veteran's cervical and low back disabilities are being remanded for further development, including a VA examination to determine their etiology.

The Veteran's bilateral ankle and hip disabilities are not service connected, nor are they secondary to his service-connected right knee disability. His right knee disability is currently rated at 10 percent.

The Board has remanded the case to consider the Veteran's informal claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, as it was not addressed in the previous decision.

The Board has remanded the case for further development regarding service connection claims due to exposure to ionizing radiation, including an examination of the Veteran's occupational history and potential exposure.

The Board denied a higher initial rating for the Veteran's degenerative changes of the lumbar spine, finding that the evidence did not meet the criteria for a rating in excess of 20 percent prior to September 23, 2002.

The Board has remanded the case for additional development due to inadequate reasons and bases in previous decisions, as well as other procedural issues.

The Veteran's claim for a higher rating for his back disability was granted, with the effective date set at August 17, 2007. Service connection for sensory neuropathy of the bilateral upper extremities and neurological abnormalities affecting bladder control were also granted.

The Board denied the Veteran's claims for a compensable evaluation for his left hip disability, service connection for his right hip disorder and lumbar spine disorder. The evidence did not support granting any of these claims.

The Veteran's appeal is being remanded for additional development due to the need for a video conference hearing.

The Veteran's appeals for service connection on the issues of throbbing shoulder pain, bilateral wrist disorder, and a disability rating greater than 30 percent for service-connected abdominal hysterectomy due to endometriosis have been dismissed as she has withdrawn her appeal concerning these issues.

The Board denied the Veteran's petition to reopen his claim for service connection for a low back disability, including a herniated pulposus at L4 and L5. The evidence submitted since the final October 2004 decision was either cumulative or not relevant.

The Board has determined that the Veteran's claim for service connection for a sleep disorder is denied as there is no evidence of a current disability or a link to service or a service-connected condition.

The Veteran's claims for increased evaluations and service connection were denied. The claim for an initial compensable evaluation for gastritis was granted, as well as the reopened claims for service connection for numbness of the right hand (carpal tunnel syndrome) and left hand (carpal tunnel syndrome).

The Veteran's claims for increased ratings and compensable evaluations were denied. The RO found that the Veteran's degenerative changes in the lumbar spine, impingement syndrome of the right shoulder, nephrolithiasis, and Peyronie's disease did not warrant higher ratings based on their current manifestations.

The Veteran is seeking special monthly compensation based on the need for aid and attendance or being housebound due to his service-connected disabilities. However, a remand is necessary as the VA examinations did not consider whether his medications render him housebound.

The Board has determined that the Veteran does not have current disabilities of his right shoulder, groin, testes, or left knee. For the lumbar spine condition, while a current disability is present, there is no evidence to support service connection due to lack of in-service incurrence and insufficient medical nexus evidence.

The Board found that the reduction in rating for traumatic arthritis of the lumbar spine was proper and denied entitlement to an evaluation in excess of 20 percent. The Veteran's entitlement to a total disability rating based on individual unemployability was restored.