Back / lumbar spine decisions — 2011

The Veteran's combined disability rating is 70 percent as of September 8, 2008. The Board finds that the Veteran does not meet the criteria for a TDIU due to his service-connected disabilities.

The Board has ordered a new VA examination to assess the Veteran's low back strain with degenerative disc disease during flare-up periods, as requested by the Court in its previous decision. The case is now remanded for further review.

The Board found that the Veteran's back disorder did not become manifest during service and is not etiologically related to service. As a result, the claim for service connection was denied.

The Board denied the Veteran's claims for service connection for a low back disorder and peripheral neuropathy, finding that there was no evidence of such conditions in service or within one year after separation. The Board also found that the Veteran did not have valid exposure to herbicide agents during his military service.

The Veteran's left knee disability is rated at 60 percent, effective February 1, 2004.,For the cervical spine disability, a separate 10 percent rating was granted for degenerative disc disease and a 20 percent rating for radiculopathy of the left upper extremity, both effective February 25, 2008.

The Veteran's low back disorder and headaches have been granted increased ratings, with the low back disorder receiving a 40 percent rating effective December 10, 2009. The headaches received a 10 percent rating prior to September 24, 2009, and a 30 percent rating from that date.

The Board denied the Veteran's claim for service connection for a low back disability, including intervertebral disc syndrome (IDS), finding that there was no clear and unmistakable evidence showing the condition existed prior to service or that it did not increase in severity during service.

The Board has determined that the Veteran's left hip and pelvic disorder, low back disorder, and bilateral shoulder disorder are all service-connected.

The Board has determined that the grant of service connection for left leg radiculopathy was clearly and unmistakably erroneous, and thus severed from the Veteran's service-connected lumbar spine degenerative disc disease. The claim for a separate evaluation for radiculopathy is denied.

The RO reduced the disability ratings for Post Diskectomy, Herniated Nucleus Pulposus, L4-L5, Degenerative Disc Disease of the Cervical Spine, and Peripheral Radiculopathy of the Left Upper Extremity from their current levels to 20 percent each. The reduction was proper as there is evidence of improvement in these conditions.

The Board has determined that the Veteran's lumbar and cervical spine disabilities are not service-connected as they do not have a direct relationship to his military service.

The Veteran's claims for service connection for an acquired psychiatric disability, cervical spine disability, and lumbar spine disability were denied. The claim for a rating in excess of 10 percent for the residuals of a fractured right thumb was also denied. The Veteran's request to reopen his previously denied claims for cervical and lumbar spine disabilities did not meet the criteria for reopening.

The Veteran's service-connected low back disability is rated at 40 percent, and the Board finds that an evaluation in excess of this rating is not warranted based on the evidence.

The Veteran's low back disability was previously rated at 10 percent and increased to 20 percent effective January 9, 2007. The claim for a higher rating remains denied.

The Veteran's claims for service connection for degenerative arthritis of the left knee with calcification of the patellar ligament and low back strain with spondylolisthesis and spondylolysis at L5-S1 were denied as these conditions are not related to his military service.

The Veteran's service-connected lumbosacral strain with degenerative joint disease and degenerative disc disease is currently evaluated at 40 percent, which does not meet the criteria for an increased evaluation as it does not demonstrate unfavorable ankylosis of the entire spine or thoracolumbar spine, nor does it show incapacitating episodes totaling at least 6 weeks in the past 12 months.

The Board has remanded the case for further development, including VA examinations and readjudication of the TDIU claim.

The Board has remanded the case for further development due to a lack of an opinion regarding whether the service-connected gunshot wound to the left calf aggravated the Veteran's back disorder.

The Veteran's left hip and lumbar spine disabilities are granted as secondary to his service-connected right knee disability.,A new VA examination is needed to determine if the Veteran's right hip disability is related to any of these conditions.

The Veteran's claim for a total disability rating due to individual unemployability (TDIU) is granted effective March 20, 1991. The effective date was advanced based on the fact that he had been unable to work since the 1980s.