Back / lumbar spine decisions — 2011

The Veteran's appeal for increased ratings for his service-connected degenerative disc disease of the lumbar spine and radiculopathy of the right lower extremity was denied. The Veteran is currently rated at 20 percent for his lumbar spine disability, which does not meet the criteria for a higher rating under the applicable diagnostic codes.

The Veteran's service-connected disabilities did not present such an exceptional or unusual disability picture affecting employment as to warrant consideration of unemployability on an extraschedular basis for the rating interval from January 14, 2004, through December 12, 2005.

The Veteran's right lumbar radiculopathy involving L5-S1 is currently rated at 40 percent, which is the maximum schedular rating available under Diagnostic Code 5243. Separate evaluations of 10 percent each are assigned for right and left lower extremity radicular symptoms.

The Board has ordered remand due to the need for additional VCAA notice regarding all service-connected conditions at the time of the Veteran's death, including a fractured mandible.

The Veteran's lumbar spondylosis and fusion (claimed as back injury) have been granted a 40 percent evaluation effective February 21, 2009. The right leg radiculopathy associated with the spine disability has been granted a 20 percent evaluation effective May 27, 2009. The left leg radiculopathy associated with the spine disability has been granted a 10 percent evaluation effective May 27, 2009.

The Board found that the Veteran's current low back disorder did not begin in service and is not related to his in-service injury. The evidence does not support a finding of chronicity or presumptive service connection.

The Board has denied the Veteran's claims of service connection for lumbosacral spine spondylosis, degenerative joint disease of bilateral wrists, bilateral knee replacement, and degenerative joint disease of left ankle as new and material evidence was not received to reopen these previously denied claims.

The Veteran's service-connected lumbar strain is rated at 10 percent, and the Board denied his claims for left hip disability and sciatica. The evidence did not show sufficient impairment to warrant a higher rating.

The Board has reopened the Veteran's claim of service connection for a low back disability and granted service connection, finding that the evidence is in relative equipoise as to whether the current low back disability is causally related to his military service.

The Board has reopened the Veteran's claims for service connection for left ankle, right hip, low back, and diabetes mellitus disabilities. However, further development is needed to ensure all relevant medical records are obtained and to provide a thorough examination.

The Veteran's claims for service connection for low back and right knee disabilities are being remanded due to the need for additional examination and medical opinion, as well as records development.

The Veteran's appeal is being remanded for scheduling a hearing at the RO before a member of the Board.

The Veteran's appeals for service connection for stroke, high cholesterol (withdrawn), bilateral hearing loss, left and right carpal tunnel syndromes, low back disability with radiculopathy, depression, and SMC based on loss of use of a creative organ have all been denied. The Board has also dismissed the appeal regarding high cholesterol due to withdrawal.

The Veteran's unauthorized medical expenses incurred at Sacred Heart Hospital for lower back pain on January 28, 2006 are approved as the treatment was emergent and VA facilities were not feasibly available.

The Veteran's diabetes mellitus type II, which required insulin and a restricted diet, warrants a 20 percent evaluation from March 30, 1990 to October 6, 1996.

The Veteran's claims for service connection for a lower back disorder and PTSD based on an in-service personal assault are being remanded to the RO for further development, including obtaining additional information about the alleged stressor and scheduling VA examinations.

The Veteran's service-connected lumbosacral spine disability and associated right lower extremity radiculopathy were evaluated at initial ratings of 10 percent prior to January 18, 2007, and 20 percent thereafter. The Board found that the evidence did not support higher initial ratings for these conditions.

The Board found that the Veteran's back disorder was not incurred in or aggravated during military service, and may not be presumed to have been so incurred.

The Veteran's appeal is being remanded for additional development, including examination of his cardiovascular and orthopedic conditions.

The Board has determined that the Veteran does not have a current left lower extremity disability due to service, but his service-connected degenerative disc disease of the lumbar spine warrants an initial rating of 20 percent. The anxiety disorder is rated as 30 percent disabling.