Back / lumbar spine decisions — 2003

The veteran's claim for an annual clothing allowance is denied as he does not have a service-connected disability that requires use of a prosthetic or orthopedic appliance that tends to wear or tear his clothing, or which requires use of prescribed medication for a skin condition causing irreparable damage to outer garments.

The Board has ordered further development due to pending issues regarding the veteran's lumbar spine disorder. The case is now remanded for additional examination and review.

The veteran's claim for special monthly pension based on the need for regular aid and attendance or by reason of being housebound was denied as he does not meet the criteria for such benefits due to his non-service-connected disabilities.

The Board has decided to remand the case for additional development, including obtaining medical records and seeking a VA examiner's opinion regarding the veteran's back problems and hepatitis.

The Board denied the veteran's claims for service connection for a cervical spine disability on a secondary basis and an increased rating for lumbosacral strain, finding no relationship between his cervical spine disability and his service-connected lumbosacral strain or left ankle sprain. The temporary total disability rating under 38 C.F.R. § 4.30 was also denied.

The Board has determined that the veteran's claimed conditions, including a broken nose, bilateral hearing loss, dental trauma, and lumbar spine disability, were not incurred or aggravated during his active duty service. The Board found no evidence of continuity of symptoms after service and concluded that any current disabilities are not related to military service.

The Board found no evidence linking the veteran's current low back disability to his service, and denied his claim for service connection.

The Board has granted the veteran's claim for service connection for post-traumatic stress disorder, finding that his symptoms align with the DSM-IV criteria and resolving any doubt in his favor. The low back disability is not related to service-connected conditions.

The Board has reopened the claim of service connection for a back disorder, granted a 70 percent disability rating effective November 7, 1996, and remanded the issues regarding increased ratings for major depressive disorder with anxiety and irritable bowel syndrome.

The Board denied the veteran's claim for service connection for lumbar disc disease, finding that it was not incurred or aggravated during service.

The Board has remanded the case for further development and readjudication due to issues related to service connection for a back disorder and bilateral knee disability.

The Board has granted a 50 percent evaluation for the service-connected back disability and denied an increased rating for post-traumatic stress disorder.

The veteran seeks service connection for degenerative disc disease of the lumbar spine and an increased rating for lumbosacral strain. The case is being remanded to obtain additional verification of his military service, medical records related to his employment injury, and a VA orthopedic examination.

The Board has determined that there is no evidence of a nexus between the veteran's current low back disability and his military service, thus denying the claim for service connection.

The veteran failed to report for a scheduled VA examination, resulting in the denial of his increased rating claims.

The veteran's service connection for sleep apnea was granted. The issues of service connection for Hepatitis B, Porphyria Cutanea Tarda, Hepatocellular Liver Disease secondary to Hepatitis C infection, Degenerative Joint Disease of the Cervical Spine and Degenerative Disc Disease C5-6 with Mild Neural Foraminal Encroachment, and Post-Traumatic Stress Disorder (PTSD) were all granted. The veteran's service connection for bilateral high frequency sensorineural hearing loss is pending.

The Board has ordered further development due to pending issues regarding the veteran's eligibility for a total disability rating based on individual unemployability. The case is being sent back to the RO for additional examinations and consideration of evidence.

The Board has ordered further development due to pending issues and new evidence. The case is being sent back for additional examinations and evaluations.

The Board has determined that the extensive bony destruction resulting in fusion of L3-4 vertebrae was proximately caused by an error in judgment or similar instance of fault by VA, and thus the veteran is entitled to compensation under 38 U.S.C.A. § 1151.

The Board is remanding the case to obtain additional service medical records and request the veteran to identify all VA and non-VA providers of treatment for his back disability since 1945. The claim will be readjudicated, and if denied again, a supplemental statement of the case (SSOC) will be provided.