Back / lumbar spine decisions — 2004

The veteran's service-connected PTSD and low back strain have rendered him unable to secure or follow a substantially gainful occupation, meeting the criteria for a total disability rating based on individual unemployability.

The veteran's low back disability is related to his military service and granted. The issue of an initial rating in excess of 10 percent for the right knee disability remains pending.

The Board found that the veteran's current low back and right shoulder conditions are not related to his service, thus denying his claims for service connection.

The Board denied the veteran's claims for service connection for bilateral pes planus, ankle arthritis, knee disability, and low back disability as secondary to a bilateral pes planus disability. The disabilities were not shown by competent evidence to be causally related to active service.

The Board has determined that the veteran's current lumbar spine and left hip disorders are not service-connected due to lack of evidence showing their onset during or within one year after military service.

The RO denied the veteran's claims for service connection for arthritis of the left knee and a low back disorder, as well as his claim for an increased rating for diabetes mellitus type II. The RO also referred to the RO other issues related to secondary service connection.

The veteran's chronic low back disorder, including scoliosis of the lumbar spine, was not incurred in or aggravated by active Army service from January 1971 to January 1973. The Board found that his preexisting condition did not increase during service.

The veteran's appeal is being remanded due to the need for a videoconference hearing and issuance of a statement of the case regarding his claim for service connection for the residuals of frostbite.

The Board has dismissed the appeals for pelvic pain due to ovarian fibroids, low back disorder, cervical strain and bilateral knee disorders, as well as the claim for a rating in excess of 10 percent for post-traumatic headaches. The case is remanded for further development regarding Graves' disease with orbitopathy.

The veteran's claims for increased evaluation of low back strain and service connection for internal hemorrhoids are being remanded due to the need for additional development, including obtaining updated medical records and scheduling VA examinations.

The Board has remanded the case for further development, including obtaining additional medical evidence and scheduling VA examinations. The appellant's claims for service connection for Guillain-Barre Syndrome and an increased rating for his low back disability will be reconsidered.

The veteran's application for Service Disabled Veterans Insurance (SDVI) was denied because he did not submit an application within the two-year statutory period following his most recent grant of service connection in November 1997.

The Board has determined that further examination is needed to determine the nature, severity, and etiology of any lumbosacral spine and/or leg disorders. The veteran's claims for service connection are being remanded for additional development.

The veteran's claims for increased evaluations and an earlier effective date were denied. The appeal of the November 1983 rating decision regarding service connection for allergies, asthma, and arthritis was also denied.

The Board denied the veteran's claims for service connection for residuals of a left hip injury, psychiatric disability (including bipolar disorder, schizophrenia, and PTSD), and osteoarthritis of the lumbar spine with lumbosacral strain. The evidence did not show any current left hip disability or residuals of a left hip injury.

The VA denied a rating in excess of 20 percent for the veteran's lumbar myositis, degenerative joint disease, and herniated disc. The claim for service connection for sinusitis was not addressed as it is separate from the main issue.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection of a low back disorder. The Board also found that the veteran's current low back disorder is related to his military service.

The Board has determined that the veteran does not have a chronic acquired disorder of the left knee, right shoulder and neck, or low back, hip, and buttock that is related to service. The claims are therefore denied.

The Board found that the veteran does not have chronic acquired low back, right knee, and right ankle disorders linked to service on any basis.

The veteran's claim for additional compensation based on the need for aid and attendance of his spouse was denied as no claim had been filed prior to his death.