Back / lumbar spine decisions — 2009

The Veteran's claims for increased evaluations for his low back, left shoulder, and left knee injuries were denied as the evidence did not meet the criteria for higher ratings under applicable VA rating criteria.

The Board has determined that the Veteran's claims for service connection for various disabilities, including as due to undiagnosed illness, cannot be substantiated based on the evidence of record.

The Veteran's low back disability has been rated at 20 percent since March 29, 2004. The rating was increased to 40 percent effective August 26, 2005.

The Veteran's service-connected arthritis of the lumbosacral spine does not meet the criteria for a higher rating as it does not result in muscle spasm resulting in abnormal gait or spinal contour, flexion to 60 degrees or less, or combined range of motion of the thoracolumbar spine to 120 degrees or less.

The Board has determined that the Veteran's low back pain and skin disease were not incurred or aggravated by service, and thus denied these claims.

The Board has decided to remand the case due to incomplete records and for further development, including obtaining SSA disability benefits records.

The Veteran's claim for a higher initial rating for lumbar disc disease was denied, and the RO found that his disability did not meet the criteria for a higher rating than 60 percent. The claims for SMC based on need for regular aid and attendance or housebound status, and financial assistance in purchasing an automobile and adaptive equipment were also denied.

The Board has reopened the claims for bilateral hip arthritis, left knee arthritis, and lumbar spine arthritis secondary to a service-connected right knee disability. The evidence presented is sufficient to establish that these conditions are related to the service-connected right knee disability.

The Veteran's service-connected disabilities do not result in loss or permanent loss of use of one or both feet, hands, vision, or ankylosis of knees or hips. Therefore, the criteria for VA financial assistance are not met.

The Veteran's PTSD is rated at 50 percent, effective from the date of the decision. The claim for service connection for a left knee disability has been reopened and is granted. Service connection for low back and sciatic nerve damage are also granted.

The Board has determined that the Veteran's service-connected degenerative disc disease, cervical spine warrants a rating of 30 percent, effective March 1, 2005. The separate evaluation for left upper extremity neurologic manifestations is granted.

The Board denied the Veteran's claim for an earlier effective date for service connection due to his failure to adequately plead a claim of CUE in the prior rating decision. The earliest effective date assignable is October 13, 2004.

The Veteran's claim for a TDIU is being remanded due to the need for additional development, including obtaining medical opinions regarding his ability to secure or follow a substantially gainful occupation given his service-connected disabilities.

The Veteran's DDD of the lumbar spine with disc bulge at L3-4 is rated as 40 percent disabling, which is higher than the current rating. The effective date for service connection remains December 23, 2005.

The Board has determined that further development is necessary to confirm any periods of active duty for training (ACDUTRA) or inactive duty for training (INACDUTRA), which may affect the appellant's claims for service connection. The case is REMANDED for these purposes.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board has remanded the case due to incomplete records and the need for additional VA examinations. The Veteran's claims for service connection for low back and neck disorders, as well as her claim to reopen a right foot disorder, are now pending.

The Board has determined that the Veteran's lumbar spine disorder warrants a 40 percent evaluation effective September 22, 2009. Prior to this date, the disability was rated as 20 percent disabling.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the appellant's claim for an increased disability evaluation for degenerative disc disease (DDD) of the lumbar spine. The case is REMANDED for further action.

The Veteran's claim for an effective date earlier than August 26, 2006 for the assignment of a 20% disability rating for her lumbosacral spine disability was granted. The effective date is set at February 7, 2000.