Back / lumbar spine decisions — 2011

The Board has determined that additional development is needed to determine the nature and etiology of any psychiatric disorder, bilateral hand disorder, sinus disorder, low back disorder, left knee disorder, and left shoulder disorder. The claims are being remanded for further examination and opinion.

The Board has denied the Veteran's claims for service connection for a lumbar spine disorder and special monthly compensation based on need for regular aid and attendance or at the housebound rate. The Veteran is not entitled to help her daughter, N.B., as a helpless child due to lack of evidence showing she was permanently incapable of self-support prior to turning 18.

The Veteran's claims for service connection and increased ratings were granted, but he is not entitled to a compensable rating for his bilateral hearing loss. The effective date of the tinnitus grant remains October 15, 2007.

The Board denied the Veteran's petition to reopen his claim for service connection for a lower back disability and denied his claims for service connection for diabetes mellitus. The evidence received since the March 1989 denial did not relate to an unestablished fact necessary to substantiate the claim, as there was no current diagnosis of a lower back disability. For diabetes mellitus, the Board found that the Veteran's condition is not related to his service.

The Veteran's service-connected partial posterior medial meniscectomy of the right knee is currently manifested by pain and minimal limitation of motion, warranting a 10 percent disability rating. The surgical scars associated with his right knee are rated as painful but not disabling.

The Veteran's service-connected disabilities, including lumbosacral strain with degenerative joint disease, major depressive disorder, cervical strain with degenerative disc disease, left and right lower extremity radiculopathy, and generalized anxiety disorder, have rendered him unable to secure or follow substantially gainful employment. The Board has determined that he meets the criteria for a total rating based on individual unemployability.

The Veteran's appeal is being remanded to the RO for scheduling a Travel Board hearing. The issues of service connection for low back disability and respiratory disability are pending.

The Board has determined that additional relevant service records were received following the last final decision and will consider the claim de novo. The Veteran is to be scheduled for VA orthopedic and neurological examinations to determine the nature and etiology of current lumbar spine disability.

The Veteran's claim for an increased rating for degenerative disc disease of the lumbar spine was granted, but her claim for an increased rating for peripheral neuropathy of the left lower extremity as secondary to the service-connected lumbar spine disability was denied.

The Veteran's appeal is remanded due to the need for a VA examination to assess the current severity of his service-connected degenerative disc disease of the lumbar spine, including any associated neurological symptoms.

The Board has denied the Veteran's application to reopen his previously denied claim of service connection for low back disability, finding that no new and material evidence was submitted.

The Veteran's claim for an increased evaluation of his service-connected lumbosacral strain was granted, with a rating of 40 percent effective from the date of the decision.

The Veteran's claim for an increased rating for his service-connected lumbar spine disability was denied by the Board. The disability is currently rated at 40 percent, effective from August 8, 2008.

The Veteran's service-connected degenerative disc disease of the lumbar spine with bilateral radiculopathy has been rated at 40 percent since May 12, 2004.

The Board has determined that the Veteran's lumbar spine disability is related to his service-connected right ankle and bilateral knee disabilities, while his left shoulder disability is not related to any service-connected condition. The claim for a TDIU is being remanded.

The Veteran's combined rating of 60 percent due to service-connected disabilities meets the requirements for a total disability rating based on individual unemployability (TDIU) from June 1, 2005.

The Veteran's claims for an increased evaluation and TDIU are being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Veteran's low back disability has been primarily manifested by pain on use with lumbar spine flexion that varied from 50 to 75 degrees without evidence of ankylosis. The Board finds the current disability does not meet or approximate criteria for a higher rating.

The Board has remanded the case for additional development and due process concerns, including obtaining a VA examination to determine the etiology of the Veteran's claimed low back disability with left leg numbness, neck pain with right shoulder numbness, and right arm disability.

The Board has granted service connection for lumbar strain and left ankle sprain, but denied the Veteran's requests for higher initial ratings.