Back / lumbar spine decisions — 2005

The Board has determined that the veteran's low back pain is not caused or aggravated by his service-connected bilateral pes planus, and thus denied the claim.

The Board found that the April 1970 rating decision was clearly and unmistakably erroneous in failing to award service connection for epiphysis dysplasia tarda and a back disability to include spondylolisthesis due to clear and unmistakable error (CUE) in applying the provisions of 38 C.F.R. § 3.1(m).

The Board denied the veteran's claims for service connection for left knee disorder, right knee disorder (secondary to left knee disorder), and low back disorder. The evidence did not establish that these conditions were incurred or aggravated by military service.

The Board has reopened the veteran's claim for service connection for Scheuermann's disease/back disorder and is granting it, as new and material evidence has been received.

The veteran's nonservice-connected disabilities do not meet the criteria for special monthly pension based on need of regular aid and attendance or housebound status.

The veteran's appeal is being remanded for additional development, including obtaining updated treatment records and scheduling a VA examination to assess the current severity of his service-connected low back disability.

The Board has granted service connection for loss of disc space at L4-5 and L5-S1 with degenerative changes and bony spur formation. The claim for service connection for a left hip disability is remanded due to insufficient evidence.

The Board has determined that the veteran's claims for service connection for back and neck disabilities have been denied as new and material evidence was not received to reopen them.

The Board found no current left knee or low back disability and denied service connection for these conditions as secondary to the veteran's right knee disorder. The examiner concluded that the veteran's current low back condition is not related to his military service.

The VA determined that the veteran does not have a diagnosed PTSD or an acquired psychiatric disorder other than PTSD, and did not find any evidence linking his current low back disorder to service. As such, these claims were denied.

The Board found that the veteran's current low back disability was not incurred or aggravated by service, and thus denied his claim.

The veteran's lumbar paravertebral myositis and schistosomiasis were granted increased evaluations, with the lumbar condition receiving a 40% rating effective January 15, 1991.

The veteran's claim for an increased evaluation for his service-connected degenerative disc disease at L4-L5 and L5-S1 is being remanded due to the need for additional development, including obtaining medical records and a VA examination.

The Board has granted service connection for degenerative disc disease of the cervical spine and assigned a 20 percent disability rating. The veteran's current cervical disc disease is related to his injury in service, but it was not caused by or aggravated by his service-connected lumbar spine condition.

The Board has determined that the appellant's back disability, diagnosed as residuals of a compression fracture at T5 with scoliosis of the thoracic spine, was incurred during military service and is granted.

The Board finds that the veteran's low back disorder, including mechanical lumbar back pain, degenerative joint disease of the lumbar spine, L5-S1 fusion, and a loss of lordosis in the lumbar spine, is at least as likely as not related to his active military service.

The Board denied service connection for a back disorder and the claim for an increased rating for left knee chondromalacia patella. The veteran's current disabilities include disorders of the cervical and lumbar spine, knees, wrists, hypertension, allergic rhinitis, and deviated nasal septum.

The veteran's service-connected PTSD was increased to a 30% rating effective September 25, 1995. Service connection for low back disorder and hypertension were also established.

The veteran's service-connected disabilities prevent her from securing or following a substantially gainful occupation, and the Board finds that she is unemployable due to these conditions.

The Board denied an earlier effective date for the grant of a TDIU, finding that it was not factually ascertainable that a TDIU was warranted within one year prior to January 22, 2001.