Back / lumbar spine decisions — 2005

The Board denied the veteran's claims for reimbursement of a computer and printer, as well as self-employment assistance. The VR&C found that reimbursement was not authorized under VA regulations due to lack of requirement by the law school and no evidence showing necessity for such items.

The VA denied the veteran's claim for an increased evaluation of his low back pain due to a compression fracture of L1, currently rated at 30 percent. The evidence showed moderate limitation of motion with no neurological findings.

The veteran's claims for service connection for left knee and low back disabilities, as well as his claim for an initial compensable evaluation for cervical strain with occipital headaches, have all been denied due to lack of cooperation in scheduling a VA examination.

The Board has determined that the appellant's degenerative disc disease of the lumbar spine is not related to his service, and therefore denied his claim for service connection.

The Board has determined that the veteran's countable annualized income exceeded the maximum allowable pension rate, thus denying his claim for a higher rate of non-service-connected pension benefits beginning on May 1, 2001.

The Board has remanded the veteran's claims due to insufficient evidence regarding service connection for PTSD and Low Back Disorder. The case will be returned to the RO for further development.

The veteran's claim for an increased rating for his service-connected low back strain with degenerative disc disease is being remanded due to the need for additional VA medical examinations and records.

The Board has denied the veteran's claims for service connection for a low back disorder and a bilateral wrist disorder due to lack of current disability evidence.

The Board denied the veteran's claims for service connection for a right knee and low back disability in 1988. The RO has since reopened these claims, but new evidence submitted does not meet the criteria to grant service connection.

The VA determined that the veteran's service-connected lumbosacral strain with degenerative changes warrants a 10 percent rating, which is the maximum available under current criteria.

The veteran's service-connected lumbar spine paravertebral myositis with degenerative joint disease is currently rated at 40 percent, which was increased from 20 percent. The RO found that the condition warranted a higher rating based on its current manifestations.

The Board found that the veteran's current back disability, diagnosed as degenerative disc disease of the cervical, dorsal and lumbar spine, did not start during or immediately after service. The VA examiner concluded it was more likely a natural occurring phenomenon rather than related to his inservice back complaints.

The Board found no evidence to support the veteran's claim that his current low back disability is related to a service-connected injury, including a shell fragment wound. The VA examiner opined that the veteran's low back pain is less likely as not caused by or a result of trauma sustained in service.

The veteran's right knee disability is rated at 10 percent, effective from November 29, 2000.

The veteran's claims for service connection for a right hip disorder and arthritis of the lumbar spine have been granted.

The Board has granted service connection for degenerative arthritis of the lumbosacral and cervical spine, finding that the evidence is in relative equipoise as to whether this condition had its onset during active service.

The veteran's claims for service connection for lumbosacral strain and major depressive disorder were denied as the evidence did not support a finding of current disability or causation.

The Board has denied the veteran's claim for service connection for a low back disability, finding that there is no evidence of a current disability related to his active military service and that any degenerative disc disease he currently has is not proximately due to or aggravated by his service-connected bilateral pes planus.

The Board's decisions on service connection for sinusitis and reopening of a claim for low back pain are dismissed due to the CAVC order vacating the December 2003 decision.

The Board has remanded the case to the RO for further development and consideration of the issues, including whether new and material evidence was submitted to reopen a claim for service connection for low back pain and entitlement to service connection for sinusitis.