Back / lumbar spine decisions — 2011

The Veteran seeks an earlier effective date for TDIU due to his service-connected low back disability. The case is remanded for additional development, including a medical opinion on the effect of the service-connected condition on employment from 1979 to June 2003.

The Board has decided to remand the case for additional development, including obtaining SSA records and VA/privately treatment records. The Veteran's low back disability claim will be reconsidered based on the new evidence.

The Board has determined that the Veteran's anemia and lower back disorder were not incurred or aggravated during his military service, and thus denied the claims for service connection.

The Veteran's claims of service connection for various conditions, including a low back disorder and peripheral neuropathy, have been granted. The appeal regarding the respiratory disorder claim has been withdrawn by the Veteran.

The Veteran's appeal was dismissed due to his death during the pendency of the appeal.

The Board has determined that further development is needed to properly address the appellant's claims for service connection and increased rating, including obtaining VA treatment records and scheduling a VA examination.

The Veteran's appeal is being remanded for further development, including scheduling a hearing and considering the new evidence submitted since previous statements of the case.

The Veteran's service-connected low back disability, characterized as lumbar laminectomy syndrome with status post fusion of L4-L5-S1 and microdiscectomy of L3-4, does not meet the criteria for a higher than 60 percent rating under VA's General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's appeal is remanded due to the need to obtain additional medical records and conduct examinations to determine the nature and etiology of his claimed back, skin, and stomach disabilities.

The Veteran is found to be totally and permanently disabled as a result of nonservice-connected disabilities, including benign prostate hypertrophy, right knee osteoarthritis, left knee osteoarthritis, hypertension, and back condition (lumbosacral spine), when considered with his age, educational level, and prior work history. Therefore, he is entitled to nonservice-connected pension benefits.

The Veteran's service-connected degenerative disc disease at T-11 through S1 and right shoulder disability were both denied increased evaluations. The current ratings are 10% for the back disability and no rating has been assigned for the right shoulder disability.

The Board has withdrawn the claim of service connection for PTSD due to the Veteran's withdrawal. The low back disorder is granted as a direct result of in-service heavy lifting. Service connection is also granted for bilateral hearing loss and tinnitus, both found to be related to noise exposure during active duty.

The Veteran's low back disability has been rated at 30 percent, but no more, based on symptoms including pain, spasms, stiffness, and forward flexion greater than 30 degrees. The claim for a higher rating is granted.

The Veteran's thoracolumbar spine disability is rated at 10 percent, and the Board finds no basis to grant a higher rating based on current evidence of record. The Veteran does not meet the criteria for a separate rating for left sciatic radiculopathy or nocturia (urinary frequency). Right knee and left knee disorders are not service-connected. Bilateral carpal tunnel syndrome is also not service-connected.

The Veteran is in need of the regular aid and attendance of another person, warranting special monthly pension benefits based on this need.

The Veteran's lumbar myositis was not rated higher than 10 percent between June 26, 2003 and July 6, 2008. From September 24, 2003, he received separate ratings for bilateral radiculopathy of the lower extremities at 10 percent each. However, his lumbar myositis was not rated higher than 40 percent from July 7, 2008.

The Veteran's appeal was denied for increased rating and service connection claims. The maximum schedular rating of 40 percent has been granted, but no higher as the disability is rated based on an amputation level.

The Veteran is found to be unemployable due to his service-connected disabilities, and a total rating based on individual unemployability is granted.

The Veteran's bilateral pes planus and thoracolumbar strain are currently rated at 30 percent, but the Board finds that these conditions do not warrant a higher rating based on current evidence.

The Board denied the Veteran's claims for service connection for a low back disability, nerve damage of the right side of the body, and headaches. The Veteran was also denied increased evaluations for his major depressive disorder, post-operative residuals of a left wrist fracture, traumatic arthritis of the right knee with limited extension, and instability of the right knee. Service connection for TDIU prior to July 13, 2004, was also denied.