Back / lumbar spine decisions — 2005

The Board found that the veteran's service-connected disabilities do not render him in need of regular aid and attendance or housebound, thus denying his claim for special monthly compensation.

The Board has remanded the case due to additional evidence received and a need for readjudication of the low back disability issue. The tinnitus issue is also pending, but will be certified only if a timely substantive appeal is submitted.

The Board has determined that new and material evidence was received to reopen the claim of service connection for a low back disorder. However, the claim is denied as there is no evidence showing a direct relationship between the veteran's current back condition and his active duty service.

The VA has granted a 10 percent evaluation for degenerative disc disease of the lumbar spine and a 20 percent evaluation for neuropathy with weakness of the left lower extremity. The evaluations are effective from December 14, 1994, and September 23, 2002 respectively.

The veteran's lumbosacral strain with intervertebral disc syndrome is currently rated at 60 percent, effective September 23, 2002. The rating reflects the severity of his condition as determined by incapacitating episodes and other manifestations.

The Board denied the veteran's claims for service connection for arthritis of the lumbar spine, right hip, and left hip as there was no evidence demonstrating a relationship to service or service-connected disabilities.

The veteran's low back disorder is rated at 40 percent, and his PTSD is now rated at 50 percent. The combined effect of these conditions makes the veteran unable to work, warranting a TDIU rating.

The Board denied the veteran's claims for an initial compensable rating for left foot neuralgia, did not reopen his claim for service connection of a back disorder due to lack of new and material evidence, but granted him service connection for a respiratory disorder.

The veteran's cervical spine disability, loss of bladder control secondary to service-connected chronic low back strain, and loss of use of the lower extremities secondary to service-connected chronic low back strain are not related to his military service. However, his lumbar discogenic disease is presumed to have resulted from an in-service injury. The veteran currently suffers from severe low back pain that radiates into both legs, resulting in a 60 percent rating for chronic low back strain with lumbar discogenic disease.

The Board found new and material evidence to reopen the claim, but did not address service connection or assign a rating.

The veteran's service-connected low back disorder rendered him unemployable for the period from March 5, 1984 until his death on September [redacted], 2001. The Board granted TDIU for accrued benefits purposes.

The Board has remanded the case for further development and examination, including obtaining medical records from the VA Medical Center in Bay Pines, Florida, and arranging for a dental, orthopedic, and liver/examination of the veteran.

The Board has determined that new and material evidence has not been presented to reopen the veteran's claims for service connection for epidermophytosis of the feet, a back disorder, and residuals of an injury to the feet. The appeal is denied.

The Board has determined that the veteran's current right ankle, left heel, low back, and hip disorders are service-connected as they resulted from his service-connected right knee disability.

The veteran's claims for increased ratings for lumbosacral spine myopathy, arthrotomy of the left knee secondary to chondromalacia, and postoperative realignment, extension mechanism of the right knee were denied as his conditions do not meet the criteria for a higher rating.

The veteran's claims for increased ratings and service connection were denied. The Board found that the current ratings for lumbosacral strain and cervical strain did not meet the criteria for higher evaluations, and there was no evidence linking his shoulder, hip, or fibromyalgia to service.

The veteran's TDIU claim was granted with an effective date of March 17, 1995, based on his service-connected disabilities as of the previous year.

The VA determined that the veteran's current back condition is not related to her service, including prolonged sitting while driving a jeep during active duty. The Board found no evidence of chronicity or continuity of symptomatology post-service.

The veteran's claim for an increased rating for his service-connected chronic low back pain is being remanded due to the need for further medical examination and clarification of whether his current symptoms are attributable to his service-connected condition or a pre-existing injury.

The veteran's appeal is remanded for further development, including consideration of the new rating criteria and service connection for a herniated disc.