Back / lumbar spine decisions — 2005

The Board denied entitlement to an initial rating in excess of 40 percent for the veteran's low back disability and denied entitlement to a prestabilization rating from the date of separation from inactive duty training in March 1989. The claim for TDIU was also denied.

The veteran's claim for increased ratings for his lumbosacral spine disability is granted, and an effective date of October 24, 2001 is assigned for the grant of a total disability evaluation based on individual unemployability.

The Board denied service connection for a back disorder and hypertension with heart symptoms, finding no evidence of these conditions in service or within one year after discharge. The veteran's current conditions are not linked to his military service.

The veteran's service-connected post-operative disability of the right fourth toe with painful callosities does not meet criteria for an increased rating beyond 10 percent.,There is no evidence that the veteran has a current disability of the right knee or hip that is related to his service-connected disability of the right fourth toe. Therefore, service connection for these disabilities secondary to the right fourth toe is denied.,Similarly, there is no evidence that the veteran has a current disability of the right ankle or lumbar spine that is related to his service-connected disability of the right fourth toe. Therefore, service connection for these disabilities secondary to the right fourth toe is also denied.

The veteran's appeal for an increased rating for his low back disability has been dismissed as he withdrew the appeal prior to a decision being made.

The veteran is entitled to specially adapted housing due to his service-connected lumbar spine disability, as it precludes locomotion without the aid of a wheelchair.

The Board has determined that the veteran's pre-existing spondylolysis of the lumbar spine was aggravated by service, and therefore grants service connection for this condition.

The Board denied the veteran's claims of entitlement to service connection for headaches, a back disorder, and a knee disorder. The VA found that these conditions were not incurred or aggravated by service.

The Board found no medical relationship between the veteran's current back and left knee disabilities and his service-connected pes planus, thus denying both claims for secondary service connection.

The Board has granted the veteran's application to reopen his previously denied claims for service connection for residuals of a head injury and low back disability. However, additional development is needed due to the need to obtain medical records from Letterman Army Hospital in San Francisco.

The veteran's appeal is being remanded to the RO for additional development, including obtaining SSA records and ensuring no other notification or development action is required before further adjudication of his claims.

The Board denied the veteran's claims for service connection of a low back disorder and depressive disorder, as well as his request to reopen the claim for a low back disorder. The appeal is remanded due to incomplete medical records.

The veteran's appeal is being remanded for additional development, including a VA examination and VCAA notice.

The Board has denied the veteran's claims for increased ratings for hypertension and chronic lumbosacral strain, finding that the evidence does not warrant a rating in excess of the current 10 percent evaluations.

The Board denied the veteran's claims for service connection for a left knee disability, chronic lumbar strain, and an acquired psychiatric disorder due to lack of evidence linking these conditions to her military service.

The Board has determined that the veteran's degenerative disc disease of the lumbar spine was not incurred in or aggravated by service and may not be presumed to have been incurred therein.

The Board denied service connection for chronic acquired right knee and low back disorders, finding that the evidence did not support a link to active duty service or secondary to the service-connected left knee disorders.

The Board denied the veteran's claim for service connection for degenerative disc disease, C5-7, and degenerative joint disease, recurrent pains in the neck radiating to joints of shoulder, elbow, and hands, finding that these conditions were not related to active service.

The Board found that the veteran does not have a current disability related to his military service for his claimed lumbar spine, left knee, and respiratory disorders. The evidence did not support a finding of direct service connection.

The Board denied an increased rating for the veteran's lumbar spine fracture with degenerative disc disease and denied compensation under 38 U.S.C.A. § 1151 for residuals of a cerebrovascular accident (CVA).