Back / lumbar spine decisions — 2012

The Veteran's lumbosacral strain and radiculopathy of the left lower extremity are currently rated at 40 percent, effective from February 8, 2010. The Board finds that a higher rating is not warranted for these conditions.

The Board found that the Veteran's current low back disability is not linked to his active duty service and denied his claim for service connection.

The Veteran's claim for a total disability rating based on individual unemployability is being remanded due to the need for additional examinations and clarification of his employment status.

The Veteran's right knee disability has been rated at 60 percent since June 1, 2010. The Board found that a higher rating is not warranted as the maximum schedular rating for residuals of knee replacement is 60 percent.

The Veteran's claim for an initial rating in excess of 20 percent for lumbar spine strain with degenerative joint disease from August 25, 1999 to May 21, 2010 was denied. Service connection for a psychiatric disability and a right shoulder disability were also denied.

The Board found that the Veteran's cervical strain, thoracolumbar strain, and headaches are not service connected due to lack of evidence showing their onset during or as a result of her service-connected pelvic strain.

The Board found that the Veteran's current back disability is not related to his service, and thus denied his claim for service connection.

The Veteran's service-connected disabilities prevented him from securing and following a substantially gainful occupation as of September 27, 2007.

The Board denied the Veteran's claims for service connection for a low back disorder, hypertension, and neurogenic bladder. The Board found that there was no evidence of chronicity or aggravation during service or ACDUTRA, and that any current disabilities were not related to service.

The Board has determined that the Veteran's low back disability existed prior to service and was aggravated during service. The headaches, which were noted in service, have not been shown to be caused by service.

The Veteran seeks an earlier effective date for his TDIU benefit, arguing he was unable to work due to service-connected disabilities prior to March 24, 2010. The Board has determined that there is sufficient evidence to suggest the Veteran may have been unemployable by reason of service-connected disabilities prior to this date.

The Board has determined that the Veteran's low back disorder, including degenerative disc disease of the lumbar spine, was incurred during active service and is granted service connection.

The Board denied the Veteran's claims for service connection for peripheral neuropathy, low back disability, right shoulder and arm disabilities, neck disability with left arm pain, and GERD. The decision found that there was no evidence to support a link between these conditions and his military service or presumed exposure to herbicides.

The Veteran's combined rating for his service-connected conditions was 50 percent prior to June 20, 2008. The Director of Compensation and Pension found that the evidence did not show he was unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Veteran's claim for a higher disability evaluation and TDIU benefits were denied. The Board found that the current schedular criteria did not meet the requirements for an increased rating, and her service-connected lumbar spine disability was not of sufficient severity to render her unable to work.

The Board found that the Veteran's lumbar spine disability is not service connected, and denied his claim for secondary service connection.

The Veteran's low back and cervical spine disabilities were not incurred in or aggravated by his service, and arthritis of the low back and cervical spine may not be presumed to have been incurred in service.

The Veteran's service connection for diabetes mellitus due to Agent Orange exposure was granted, with a retroactive effective date of August 27, 2007. Service connection and initial ratings were also granted for other conditions including CAD, arthritis (unspecified), back disorder, bilateral hearing loss, tinnitus, hypertension, stomach disorder, and residuals of cold injury of the left hand.

The Board denied the Veteran's accrued benefits claims for hypertension, bilateral hearing loss, tinnitus, Raynaud's syndrome, degenerative joint disease, a back condition, and a hiatal hernia due to lack of evidence showing service connection.

The Veteran's service-connected disabilities (degenerative arthritis of the lumbar spine and depressive disorder) do not prevent him from obtaining or maintaining substantial employment, and there was no basis to refer this claim for extraschedular consideration.