Back / lumbar spine decisions — 2001

The Board has granted service connection for a right knee condition and increased the ratings for traumatic arthritis of left ankle, history of old injury, and chronic lumbar syndrome, degenerative disc disease. The effective dates for these grants are July 15, 1998.

The Board denied the veteran's claims for increased ratings for his lumbar strain with thoracic spurring and residuals of a shell fragment wound of the left forearm, finding that the evidence did not support a rating in excess of 20 percent for the latter condition.

The Board denied the veteran's claims for increased evaluations and service connection, finding no evidence to support his assertions of secondary right knee disability or other service-connected conditions. The veteran was also not granted a total rating based on individual unemployability due to his non-service-connected Down syndrome.

The Board has determined that the veteran's PTSD was incurred during his active service, and thus grants service connection for this condition. The issues of back condition with radiculopathy and bilateral knee condition are remanded due to insufficient evidence.

The Board has reopened the veteran's claim of service connection for a low back disability due to new and material evidence. The case is now remanded for further development, including obtaining medical records and scheduling an examination.

The Board found no evidence linking the veteran's claimed neck and back disorders to service, thus denying his claims for service connection.

The Board has determined that the veteran's fibromyalgia does not warrant a rating in excess of 40 percent, and his degenerative joint disease of the lumbar spine did not meet criteria for a compensable rating from August 1, 1991 to July 15, 1994. Effective July 15, 1994, the veteran's degenerative joint disease of the lumbar spine does not warrant a disability rating in excess of 40 percent.

The veteran seeks reimbursement for unauthorized medical expenses incurred at Yuma Regional Medical Center from November 11, 1998 to November 14, 1998. The Board has determined that further development is needed due to incomplete records and the need for a medical opinion.

The Board denied the veteran's attempt to reopen his claim for service connection for low back and neck disorders, finding that no new and material evidence had been presented.

The veteran is seeking an increased evaluation for his degenerative disc disease at L3-4, L4-5 and L5-S1 with lumbosacral strain. The RO has remanded the case to obtain additional evidence and consider whether separate disability ratings are warranted.

The veteran's appeal is for a TDIU based on his service-connected disabilities. The case has been remanded to obtain additional medical records and conduct further examinations to determine the impact of his disabilities on his employability.

The Board has reopened the veteran's claim for service connection for a low back disorder and found that new and material evidence had been submitted. The case is now remanded for further development.

The Board has denied the veteran's claims for service connection for various conditions, including hypertension, diabetes mellitus, a skin rash due to undiagnosed illness, compression fractures of the lumbar spine, benign prostatic hypertrophy, and anxiety disorder. The appeal is based on evidence that was not previously considered.

The Board has determined that the veteran does not have current right and left arm disorders, depression, or numbness to both legs that are secondary to his service-connected lumbar spine disability. The claim for increased evaluation of the service-connected lumbar spine disability is also denied.

The veteran's claim for an earlier effective date for additional compensation benefits for his spouse is denied. The RO assigned the earliest possible effective date based on the receipt of the application and proof of dependency, which was received in October 1998.

The veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is being remanded because there are potential vocational rehabilitation records that have not been obtained.

The Board has determined that the veteran's lumbosacral strain with degenerative changes warrants a 40 percent evaluation, which is the maximum available under VA rating criteria.

The veteran's claimed conditions, including neurodermatitis, bilateral olecranon bone spurs, bilateral patellofemoral syndrome, degenerative disc disease of the lumbar spine, and tension headaches, were not found to be service-connected due to lack of evidence linking these conditions to his military service.

The Board found that the veteran's low back disorder was not incurred in or aggravated by service, and denied secondary service connection. The decision is considered to have been based on an error of fact.

The veteran's service-connected lumbar vertebral disc disease does not meet the threshold requirement for entitlement to aid and attendance or housebound benefits.