Back / lumbar spine decisions — 2005

The Board has remanded the case due to incomplete development and requests that VA obtain additional medical records, clarify evidence needed for an increased rating claim, arrange for a VA examination, and readjudicate the issue.

The Board denied service connection for a low back disorder, finding no evidence of an in-service injury or disease and insufficient competent medical opinion linking the current condition to active service.

The Board has determined that new evidence received since the November 1969 rating decision is not material to reopen claims for service connection for various conditions, including hypertensive cardiovascular disease, PTB, deafness, arthritis, hemorrhoids, lumbar injury, and a left elbow disorder.

The Board has determined that the veteran's neck disability, low back disability, and depression are not service-connected or secondary to a service-connected condition.

The Board denied the veteran's claim for an evaluation in excess of 60 percent for his service-connected low back condition, finding that the evidence did not meet the criteria for a higher rating.

The veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to lack of qualifying disability.

The veteran's claims for service connection were denied. The initial evaluation for paramyotonia congenita was granted, but the other claims remain unresolved.

The veteran's service-connected disabilities result in a need for regular aid and attendance of another person, warranting special monthly compensation based on the need for aid and attendance.

The Board has determined that further development is needed, including obtaining service personnel records and verifying the veteran's exposure to combat-related stressors. The claims for low back injury, rectal bleeding, PTSD, and sleep disorder will be remanded for additional examination and medical opinions.

The veteran's appeal is being remanded for additional development of his VA medical records and a de novo review.

The Board denied the veteran's claims for an increased rating and TDIU due to his service-connected low back strain with degenerative disc disease, finding that the evidence did not meet the criteria for a higher evaluation or TDIU.

The veteran's claim for service connection was denied due to his income exceeding the maximum limit set by law for nonservice-connected pension benefits.

The Board denied the veteran's claims for service connection for irritable bowel syndrome and initial ratings for cervical strain and thoracolumbar strain, finding no clear or continuous relationship between his current stomach disability and military service.

The veteran's lumbosacral strain with degenerative disc disease is currently manifested by pain on motion, but not incapacitating episodes or objective evidence of nearly constant neurological signs and symptoms. The disability does not meet the criteria for a higher rating under any applicable diagnostic code.

The veteran's lumbar spine disability is rated at 20 percent prior to September 23, 2002 and at 40 percent beginning from that date. The right and left lumbar radiculopathy are each rated at 10 percent. The cervical and thoracic spine disability have not been rated higher than 10 percent.,The veteran's lumbar spine disability is currently rated at 40 percent, effective September 23, 2002. The right and left lumbar radiculopathy are each rated at 10 percent. The cervical and thoracic spine disability have not been rated higher than 10 percent.

The Board has remanded the case due to procedural defects and new evidence received since the last decision.

The Board granted a 20 percent evaluation for the appellant's lumbar spine disability beginning March 11, 2005. The initial evaluations were found to be appropriate.

The veteran's lumbosacral spine disability, characterized by severe limitation of motion with osteoarthritic changes, is currently rated at 30 percent. The Board finds that the current rating adequately reflects his disability level.

The Board has determined that the veteran does not meet the criteria for nonservice-connected pension benefits due to his service-connected disability and other nonservice-connected disabilities.

The Board has reopened the claim for service connection for a low back disability, but further development is needed to determine if the evidence supports granting service connection.