Back / lumbar spine decisions — 2010

The Veteran's claim for higher ratings for degenerative disc disease of the lumbar spine was denied. The Board found that during the period from May 15, 2001 to May 18, 2005, his disability did not meet the criteria for a rating in excess of 20 percent. Beginning July 1, 2006, it did not meet the criteria for a rating in excess of 40 percent.

The Board has determined that the Veteran's benign prostatic hypertrophy, status post transurethral resection is likely due to disease or injury incurred during his active service.

The Board found that the Veteran's cervical spine anomaly, fusion of C4 and C5, was not incurred or aggravated by service. The low back disability is also not attributable to service.

The Veteran's appeal was dismissed as there is no remaining allegation of error in fact or law with respect to the issue of additional special monthly compensation based on the need for regular aid and attendance, or on the basis of being housebound.

The Board found that the Veteran's back disorder was not incurred in service and denied his claim.

The Board has remanded the case for further development due to a hearing issue.

The Veteran's claims for increased ratings for low back strain with degenerative joint disease and bilateral hearing loss were denied due to failure to report for scheduled VA examinations without good cause.

The Veteran's right knee disorder is considered to have been incurred during service. The Board has also found that the Veteran currently has a left knee disorder and low back disorder related to his military service.

The Board has remanded the case for additional development and adjudication due to new evidence submitted by the Veteran.

The Veteran's neurological manifestations of his service-connected low back strain are manifested by subjective complaints, but there is no objective evidence of diminished motor or sensory function attributable to the service-connected low back strain. Therefore, a separate compensable rating for a neurological disability secondary to or associated with the Veteran's service-connected low back strain has not been met.

The Board denied service connection and increased ratings for cervical spine disability, low back strain, and degenerative disc disease of the lumbar spine. The Veteran's assertions of continuity of symptomatology were not supported by objective evidence.

The Board denied the Veteran's claims for compensation under 38 U.S.C.A. § 1151 for an amnestic/cognitive disorder due to VA heart surgery in December 1997, and denied his increased rating claim for degenerative disc disease with compression fracture at L1/L2 and initial compensable rating or ratings for bilateral sciatica.

The Veteran's claim for increased ratings for his low back injury and associated radiculopathies of the lower extremities, as well as service connection for irritable bowel syndrome (IBS), was granted. The effective date is not specified.

The Veteran's claims for increased evaluations of his service-connected gout of the right ankle, degenerative arthritis of the cervical spine, and degenerative arthritis of the lumbar spine were denied. The Board found that the current ratings adequately reflected the severity of these conditions.

The Veteran's claims for service connection for a chronic acquired psychiatric disorder (depression) and a chronic low back disorder to include low back pain were denied. The claim for service connection for a chronic left hand disorder is pending.

The Board has determined that the Veteran's claims for service connection for ataxia, claimed as incoordination or dizziness, and for indigestion, to include as secondary to an anxiety disorder, are not supported by the evidence of record. The Veteran served in Vietnam but there is no evidence of a nexus between his current conditions and his military service.

The Veteran's cervical and lumbar spine disabilities, as well as his residuals of cold injuries to the feet and fingers, are all found to be related to service. PTSD is also found to have been incurred in service.

The Board finds that there is a preponderance of evidence against the Veteran's claim for service connection for the residuals of an injury to the lumbosacral spine, including chronic lumbar strain and degenerative arthritis. The medical evidence does not establish a nexus between any current low back disability and any incident of service.

The Veteran's mechanical low back pain is not manifested by forward flexion of the thoracolumbar spine limited to 60 degrees or less, or a combined range of motion limited to 120 degrees. There are no chronic neurological pathologies such as bowel or bladder impairment due to service-connected disability. The schedular criteria for an evaluation in excess of 20 percent for mechanical low back pain have not been met.

The Veteran's claims for increased ratings for his service-connected lumbar spine and right hip disabilities are being remanded to allow for additional examinations and consideration of the evidence.