Back / lumbar spine decisions — 2004

The Board has granted service connection for a low back disorder, finding that the veteran's current low back pain is likely due to an injury sustained during his military service.

The veteran's claim for a higher rating for his service-connected lumbosacral strain is being remanded due to the need for updated VA examination and consideration of new regulations.

The Board denied the veteran's claims of service connection for a neck disorder and new and material evidence for his low back disability. The veteran's current neck disorder was not incurred during active service, while his low back disability is considered to be unrelated to service.

The Board has denied the veteran's claims for service connection for residuals of a right shoulder injury, left knee injury, and lumbosacral strain due to lack of evidence showing current disabilities or a link between service and these conditions.

The Board found that the veteran's current low back disorder is as likely as not aggravated by his military service, and granted service connection for this condition.

The veteran's service-connected back disability necessitates the need for regular aid and attendance, which has been granted special monthly compensation benefits.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claims for service connection for stomach disability and low back disability. The reopened claims are now addressed on a de novo basis.

The veteran's claims for increased evaluations of his service-connected low back injury with radiculopathy and left knee disability are being remanded due to the need for additional development, including VA examinations.

The veteran's claims for special monthly compensation, specially adapted housing or a special home adaptation grant, and financial assistance in the purchase of an automobile were denied due to his failure to submit to VA examinations necessary to determine whether service-connected disabilities resulted in loss of use of extremities.

The veteran's Raynaud's syndrome, a disability related to cold exposure during service, was granted as service-connected. The other issues remain pending.

The Board has determined that additional development of the evidence is required relative to the appellant's claim for a total disability rating based on individual unemployability. The case is therefore remanded to the RO via the Appeals Management Center (AMC), in Washington, DC.

The Board has denied the veteran's claims for an increased rating for his service-connected left knee disability and for service connection of a back condition secondary to his service-connected left knee disability. The evidence did not support granting either claim.

The VA determined that the veteran's lumbar strain with herniated intervertebral disc at L4-L5 does not warrant a higher evaluation than the current 10% rating.

The Board denied the veteran's claims for service connection for residuals of metal fume fever and tinnitus, as well as his other disability claims. The decision is final due to lack of appeal.

The Board denied service connection for defective hearing, left shoulder disability, and low back disability. It also denied increased evaluations for the seizure disorder, migraine headaches (prior to August 30, 1997), and migraine headaches (on and subsequent to August 30, 1997).

The veteran's service-connected lumbar spine disability is not shown to be manifested by more than moderate disc disease, does not produce more than moderate limitation of thoracolumbar motion, does not cause incapacitating episodes, and does not limit thoracolumbar motion to 30 degrees or less; ankylosis is not shown, nor are there neurologic symptoms separately ratable.

The Board denied the veteran's claims for an increased rating for his service-connected residuals of wounds to muscle groups XIII and XV, right, and service connection for a back disorder and pelvis disorder secondary to these conditions. The evidence did not support granting any of the requested benefits.

The veteran's claim for an increased rating for degenerative disc disease of the lumbar spine was denied as he failed to report for a VA examination without good cause.

The Board found no evidence of a chronic acquired psychiatric disorder, low back disorder, or migraine headaches that were incurred in service.,The veteran's statements regarding stressors during service were deemed insufficient and not credible.

The veteran's service-connected lumbar spinal stenosis and spondylolisthesis were found to warrant a 60 percent evaluation, effective December 1, 1992. The appeal was denied for higher evaluations.