Back / lumbar spine decisions — 2005

The Board found that the veteran's lumbar spine disability, characterized as mechanical low back strain, warranted a 20 percent rating from October 3, 2001.

The Board denied the veteran's claims for service connection for various conditions, including frostbite of the hands and feet, hypertension, a right shoulder disability, a back disability, bilateral knee disabilities, pes planus, residuals of a foot fracture, tailbone disability, diabetes mellitus, and glaucoma. The decision was based on the conclusion that new and material evidence had not been received to reopen the claim for frostbite of the hands and feet, and that these conditions were not incurred in service or due to any other service-connected condition.

The Board has determined that the appellant does not have a service-connected lumbar spine disorder, tinnitus, headache disorder, skin disorder, or PTSD. The evidence is insufficient to establish a nexus between these conditions and his military service.

The Board has remanded the case due to failure to provide proper VCAA notice and for additional development of the claims.

The veteran's acquired psychiatric disorder is found to be secondary to her service-connected lumbar and left hip myositis. Her lumbar myositis has been rated at 40 percent, with no additional rating under the current criteria due to lack of ankylosis or residuals of a fracture. Her left hip myositis also remains at 10 percent.

The veteran's claims for service connection for a psychiatric disability, to include paranoid schizophrenia and arthritis of the low back were denied. The RO found that new and material evidence had not been presented to reopen these claims.

The Board denied the veteran's claims for service connection of a right shoulder disorder and a back disorder secondary to his service-connected knee disabilities, finding that he did not meet the eligibility requirements for specially adapted housing or special home adaptation grant.

The Board denied the veteran's claims of service connection for a low back disorder and an increased rating for chronic prostatitis, finding no new and material evidence to reopen the claim for service connection.

The Board denied service connection for low back disability and bilateral knee disability, but did not address the claims for bilateral ankle disability and residuals of a head injury.,New evidence received since the last denial does not relate to unestablished facts necessary to substantiate the claims for bilateral ankle disability and residuals of a head injury. The Board denied these claims on the merits.

The veteran's service-connected disabilities, including a 100% rating for femur fracture residuals and a 30% rating for major depression, do not meet the criteria for SMC based on need for regular aid and attendance or being housebound.

The VA determined that the veteran does not meet the criteria for special monthly pension based on need for aid and attendance or being housebound.

The Board has dismissed the issue of entitlement to service connection for bilateral leg disability due to withdrawal by the veteran. The claim of entitlement to service connection for low back disability is denied as there is no evidence showing a current disability or in-service injury that would support such a finding.

The Board has determined that the veteran's claim for vocational rehabilitation training under Chapter 31, Title 38, United States Code was denied because she had already overcome her employment handicap through obtaining a Bachelor of Science degree in Health Management.

The Board has granted service connection for sleep apnea as being aggravated by the veteran's service-connected postoperative residuals of a left spine accessory nerve. The claim for service connection for a low back disorder is reopened, and an increased rating for dysthymia; with PTSD, major depression, and generalized anxiety disorder is granted.

The Board denied the appellant's request to reopen her claim of service connection for the cause of the veteran's death, finding that new and material evidence had not been presented.

The Board has remanded the case due to deficiencies in the examination report and VCAA notification. The veteran's claims for service connection and increased evaluation are pending.

The VA has determined that the veteran's degenerative disc disease of the lumbar spine does not warrant a rating higher than 40 percent, and he is not entitled to TDIU based on his service-connected disabilities.

The veteran was granted service connection for mixed headaches with myofacial and migrainous components and degenerative disc disease and degenerative joint disease of the cervical spine effective April 7, 2003.

The Board has determined that the veteran's lower back disability began during active service and is related to his military service. However, there is no evidence of a current bilateral leg disability for VA compensation purposes.

The veteran has withdrawn his appeal for a rating in excess of 40 percent for dorsolumbar paravertebral myositis, and the Board is dismissing the appeal.