Back / lumbar spine decisions — 2003

The veteran's hearing loss and low back disability have been granted, with a 10% rating for the low back disability.

The Board denied the veteran's claims for service connection for hypertension and low back disability, finding no evidence of a relationship to military service.

The Board has remanded the case for further development and evaluation of the veteran's claim for service connection for a low back disorder.

The Board has found new and material evidence to reopen the veteran's claim for service connection for a low back disorder, which was previously denied in June 1994. The case is now remanded for further development.

The veteran's service-connected disabilities do not render him so helpless as to be unable to care for himself, protect himself from the hazards incident to his environment or attend to the needs of nature. Therefore, he does not meet the criteria for special monthly compensation based on need for regular aid and attendance of another person or upon housebound status.

The Board has granted service connection for the veteran's minimal facet joint arthritis of the lower lumbar spine and assigned a 10 percent evaluation.

The Board denied service connection for a low back disorder and denied an increased evaluation for PTSD. The veteran's current low back disorder is considered to be related to his active military service, while the PTSD symptoms are not shown to warrant an evaluation in excess of 10 percent.

The veteran's low back disability is currently rated as 10 percent disabling, and his duodenal ulcer is not service-connected. The Board has granted a compensable evaluation for the low back disability.

The Board has granted an increased evaluation of 30 percent for the veteran's service-connected residuals of a left femur fracture with internal derangement and degenerative joint disease of the left knee. Separate evaluations have been assigned for instability of the left knee, and service connection has been established for right knee disorder, low back disorder, and left hip disorder as secondary to the service-connected left femur fracture. The veteran's right hip disorder is not considered service connected.

The veteran's claims for service connection for various conditions, including hypertension, right shoulder disorder, cervical spine disorder, back disorder, dizziness, and insomnia are denied. The VA has not established service connection for any of these conditions.

The veteran's appeal of secondary service connection for low back and left foot disorders has been withdrawn before the Board could make a decision.

The Board has determined that the effective date for service connection of residuals of a lumbosacral microdiskectomy, with recurrent back pain and numbness of the right foot, and bilateral hearing loss should be July 1, 1999. The veteran's claims for increased evaluations are remanded to allow for further development.

The veteran seeks service connection for multiple disabilities allegedly incurred in a motor vehicle accident during active duty. The case is being remanded to obtain missing service medical records and conduct further examination.

The Board denied the veteran's claims for service connection and increased rating of cervical, thoracic, and sacral spine degenerative disc disease. The lumbar spine disability was rated at 40% from August 6, 1996 to May 13, 1999, and at 60% thereafter.

The Board denied the veteran's claims for service connection for a back disability and increased ratings for gunshot wound residuals of the left upper arm and left lower arm, finding that there was no evidence linking his current disabilities to active service or meeting the criteria for an increased rating under VA regulations.

The Board denied reopening the claim for a right foot disability and denied an increased evaluation for degenerative joint disease of the lumbar spine. The veteran's current rating for his back condition is 10 percent.

The Board has determined that the evidence is in equipoise for and against the claim of service connection for residuals of a back injury, with medical opinion supporting the claim. As such, the benefit of doubt has been resolved in favor of the veteran.

The Board denied service connection for a back disorder and declined to reopen the claim. The RO increased the evaluation of the right knee disability from noncompensable to 10 percent.

The Board found that the veteran does not have a current back, leg, thigh, bilateral ankle, or bilateral foot disability related to her service-connected knee disabilities. Therefore, she is denied entitlement to service connection for these conditions.

The Board denied the veteran's claims for service connection for a low back disability and osteoporosis, both secondary to his service-connected cervical dystonia.