Back / lumbar spine decisions — 2005

The Board denied the veteran's claim to reopen his compensation under 38 U.S.C.A. § 1151 for a fractured neck, as a consequence of VA treatment received in August 2000 due to lack of new and material evidence.

The VA determined that the veteran's low back disability, manifested by limited motion and no significant neurological impairment, does not warrant a rating higher than 20 percent.

The Board granted service connection for chronic fatigue syndrome and assigned a noncompensable rating. The RO subsequently increased the rating to 20 percent effective September 26, 2003, for low back disability.

The Board denied service connection for low back disorder, bilateral hearing loss disability, and tinnitus. The veteran's complaints of back pain during service were not supported by objective medical evidence at the time or within one year after separation from service. His current disabilities are considered to have a remote onset unrelated to service.

The VA has determined that the veteran's service-connected disabilities do not prevent her from obtaining or maintaining substantially gainful employment consistent with her education and occupational background, thus denying her claim for a total rating based on individual unemployability.

The Board has determined that the veteran's current low back and knee disabilities are not related to his service.,Service connection for a low back disability, right knee disability, or left knee disability cannot be established as they are not shown to have been incurred in or aggravated by service.

The Board denied service connection for chronic low back disorder and chronic psychiatric disorder to include PTSD, as well as increased disability evaluations for the veteran's right and left thigh gunshot wound residuals. The evidence did not support a finding of in-service injury or current disabilities.

The veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on need for aid and attendance or housebound status.

The Board has determined that additional evidence is needed to properly evaluate the veteran's claim for an increased rating for his degenerative disc syndrome, L4-L5. The RO must arrange for a VA examination and obtain any relevant medical records before deciding the case.

The Board has determined that the veteran's current back disability is related to his service as a paratrooper, and thus grants service connection for this condition.

The Board denied the veteran's claims for higher ratings for his lumbar spine disability and neurologic manifestations, finding that the evidence did not meet the criteria for a rating higher than 40 percent for the diffuse disc bulge with radiculopathy.

The Board found that the veteran's back disability is not proximately due to or the result of his service-connected left hip disability and was not incurred in service. The claim for TDIU based on service-connected disabilities remains denied.

The veteran's chronic lumbar strain has been rated at 40 percent since September 26, 2003. The Board found that the veteran had severe limitation of motion and granted a higher rating than what was previously assigned.

The Board denied the veteran's application to reopen his claim for compensation under 38 U.S.C. § 1151, finding that no new and material evidence had been submitted.

The Board has determined that the appellant's hypertension is service-connected and granted a 10% evaluation for his lumbosacral strain.

The Board found no evidence of a chronic low back disability during service or within the initial post-service year, and concluded that any current low back disability is not related to service.

The Board has determined that additional development is needed to properly adjudicate the veteran's claim for an increased rating for his service-connected spondylolisthesis of the lumbar spine with radiculopathy. This includes sending VCAA notice, obtaining medical records, and scheduling a VA examination.

The Board has determined that further development is needed to determine if the veteran's condition was a medical emergency and whether VA facilities were feasibly available before seeking private treatment.

The Board denied service connection for back and left knee disabilities, finding no new and material evidence to reopen the claims. The veteran's PTSD claim was granted with an initial 50% rating.

The veteran's low back disability is currently rated at 20 percent, and the Board found that it does not meet the criteria for a higher rating under either the old or new VA rating criteria.