Back / lumbar spine decisions — 2005

The veteran's appeal is remanded for further development, including obtaining medical opinions and records to determine the appropriate diagnoses of his cervical spine disabilities and whether additional disorders are present or secondary to the service-connected disability.

The Board found that new and material evidence had not been received to reopen the veteran's claim for service connection for a back disorder. The only diagnosed condition in service was scoliosis, which has since resolved.

The veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on need for regular aid and attendance or being housebound prior to August 30, 2002.

The veteran's multiple non-service-connected disabilities do not meet the criteria for special monthly pension based on need for regular aid and attendance or by reason of being housebound.

The veteran's service-connected bone spur of the right ankle, degenerative disc disease with herniated nucleus pulposus at L5-S1, and GERD have been rated as appropriate under VA regulations. The RO has granted higher ratings for these conditions.

The Board has determined that the appellant's thoracolumbar spine disability warrants a 20 percent evaluation prior to June 29, 1999 and a 40 percent evaluation from that date. For his cervical spine disability, he is entitled to a 10 percent evaluation prior to October 16, 2002 and a 20 percent evaluation thereafter.

The Board denied a higher initial rating for the veteran's back disability, finding that his condition does not warrant a rating higher than 10 percent.

The Board has denied the veteran's claims of service connection for a low back disability and arthritis, finding that there is no medical evidence linking these conditions to his military service.

The Board denied the veteran's claim for service connection for a chronic acquired low back disorder, finding that there was no evidence linking his current condition to his active military service.

The veteran's appeal has been dismissed as she withdrew her appeal prior to the Board issuing a decision.

The veteran's initial claim for a higher evaluation for his lumbosacral degenerative joint disease with intervertebral disc syndrome was granted, and he is currently receiving a 60 percent evaluation effective from August 13, 2003. The rating has been reduced to 40 percent as of June 7, 2004.

The veteran's claim for an increased rating for his service-connected lumbosacral strain was granted, with a 20 percent evaluation effective August 1999. The case also addressed the issue of service connection for degenerative disc disease of the lumbar spine.

The veteran's claim of entitlement to vocational rehabilitation services is denied as he has overcome the effects of his service-connected disabilities and maintains successful employment.

The veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected spondylolisthesis, lumbar spine, and determine if he has a right hip and knee disorder.

The veteran's appeal is remanded for additional development, including obtaining VA vocational rehabilitation records and employment denial information from Florida Job Service. A VA examination will also be scheduled to assess the severity of his service-connected low back disability under revised criteria.

The Board found no evidence of a low back injury during service and denied the veteran's claims for service connection for degenerative disc disease of the lumbar spine, left knee disability, and stasis dermatitis of the right leg.

The Board has determined that additional development is needed for the veteran's claims, including obtaining Social Security Administration records and VA Medical Center treatment records. The case will be remanded to consider these new pieces of evidence.

The Board found that the veteran did not file a timely substantive appeal for the issues of new and material evidence to reopen claims of service connection for an amputation of the right great toe, gout, and low back condition. The RO denied these claims.

The Board denied service connection for PTSD, back disorder, and bilateral leg disorder due to lack of competent medical evidence showing current diagnoses.

The veteran's claimed conditions, including hemorrhoids with colon polyps and diarrhea, pulmonary disability, right knee disability, left knee disability, depression, fatigue, insomnia, sacroiliac joint disability, lumbar spine disability, hip disability, and muscle twitching, are not service connected due to lack of evidence supporting a link between these conditions and his military service.