Back / lumbar spine decisions — 2005

The veteran's estranged spouse is seeking an increased monthly apportionment of the veteran's disability compensation benefits. The RO awarded a special apportionment of $250 per month to the veteran's spouse, but additional development and consideration are needed due to procedural issues.

The Board has remanded the case for further development, including scheduling a Travel Board hearing.

The Board has denied the veteran's petition to reopen his claim for service connection of a back disability, finding that new and material evidence was not received.

The Board denied the veteran's claims for service connection for residuals of back injury, degenerative disc disease, sacroiliac disability, facet joint arthritis, and spondylolisthesis. The Board also denied his claim for congenital neural arch defect and spondylolysis.

The veteran's intervertebral disc syndrome is manifested by slight to moderate limitation of motion without functional loss, and does not meet the criteria for a rating in excess of 20 percent.

The Board has ordered a VA examination to determine if the veteran's back disability is related to his active duty service. The case is being remanded for this purpose.

The VA determined that the veteran does not meet the criteria for special monthly pension based on need for aid and attendance due to his inability to perform basic activities of daily living without assistance.

The Board has determined that the veteran's tinnitus is related to his in-service combat-related acoustic trauma and granted service connection for this condition.

The veteran's claim for service connection for a low back disability was reopened, but the claim remains denied. The denial of compensation under 38 U.S.C.A. § 1151 for additional disability of the fifth toe of the right foot as a result of VA surgical treatment in 1996 is upheld. The veteran's claims for initial compensable evaluations for chronic fungus infection of the feet are also denied.

The veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his service-connected disabilities and determine if they are related to service.

The Board found no evidence of hypertension being incurred during service or within one year post-service, and thus denied the claim for service connection. The veteran's 'borderline hypertension' was not considered to be related to his military service.

The Board has found that the veteran's appeal is REMANDED to the RO for additional development, including obtaining SSA disability benefits records and ensuring VCAA notification requirements are met.

The veteran's claim is being remanded for a video conference hearing and further consideration.

The Board has denied the veteran's claims for service connection for Peyronie's disease, benign prostatic hypertrophy, sensory polyneuropathy, nicotine dependence, chronic respiratory disorder (likely COPD with bronchitis), and a low back disorder. The appeals were withdrawn by the veteran.

The Board has determined that the veteran's degenerative joint disease of the cervical spine and lumbosacral spine are causally related to combat injuries suffered during his service in Vietnam.

The veteran's claims for increased ratings were denied. The acquired mental disorder, low back condition, right upper extremity weakness, duodenal ulcer, and hemorrhoids are all rated at the maximum allowed by law.

The VA denied increased ratings for both the lumbar spine disorder and thoracic strain, maintaining that the current evaluations are appropriate based on the evidence of record.

The Board has determined that the veteran's pelvic fracture was aggravated by active service, and therefore grants service connection for residuals of pelvic fracture with complications.

The Board found that the veteran's current low back disability is not related to his service, and thus denied his claim for service connection.

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