Back / lumbar spine decisions — 2005

The veteran's lumbosacral strain has not been manifested by more than moderate limitation of motion, and a rating in excess of 20 percent is denied.

The VA determined that the veteran's back disability, including levoscoliosis of the spine, was not incurred or aggravated by active service and is not presumed to have been incurred therein. The Board found clear and unmistakable evidence showing that her scoliosis preexisted service.

The Board found that the veteran's left knee and lumbar spine disorders were not incurred in or aggravated by service, and arthritis was first shown years post-service. Therefore, service connection for these conditions could not be granted.

The Board has determined that additional development is needed to properly evaluate the veteran's claims, including obtaining a medical examination for his spine disorder and left hip condition.

The veteran's cervical spine disability, diagnosed as degenerative disc disease, has been rated at 20 percent since July 16, 2001. This rating is based on moderate limitation of motion and loss of normal lordosis.

The Board has remanded the case due to incomplete records and conflicting medical opinions. The veteran is asked to provide all relevant treatment records, including those from Drs. WM and JW. A new examination by an orthopedic specialist will be arranged to determine the likely etiology of his current low back disability.

The Board denied the veteran's claim for additional vocational rehabilitation benefits, finding that she had been rehabilitated to the point of employability and her service-connected disabilities did not prevent her from obtaining suitable employment.

The Board has dismissed the appeal because the veteran's death during the pendency of the appeal means that his claim does not survive.

The Board has determined that the veteran's low back disorder and right ear hearing loss are not related to service, and thus denied his claims for service connection.

The Board denied the veteran's claims for increased evaluations of her service-connected degenerative disc disease of the lumbar spine, cervical and thoracic strain with osteophytes, and anxiety disorder. The maximum schedular ratings were assigned.

The Board has remanded the case due to a need for further examination and opinion regarding whether the veteran's low back disorder is related to his service-connected left foot and left knee disabilities, including as secondary.

The Board has remanded the case to obtain medical opinions regarding whether the veteran's current degenerative disc disease of the lumbosacral spine and right elbow injury are related to service.

The veteran does not have a diagnosed right ankle, shoulder, low back, hip, or knee disability. He also does not have residuals of chlorine gas exposure for which service connection is granted.

The veteran's claim for service connection of a depressive disorder secondary to her service-connected lower back disability is granted. The veteran's claims for service connection for nephritis and for a rating in excess of 20 percent for her lower back disability are remanded.

The Board found that the veteran's low back disability, which was initially granted in February 2003 with a 20 percent rating, did not meet the criteria for an initial higher rating since September 26, 2003. The disability has been manifested by complaints of pain and radiculopathy but without incapacitating episodes requiring prescribed bed rest or separately ratable neurological manifestations.

The veteran's nonservice-connected disabilities do not meet the criteria for a permanent and total disability rating necessary to qualify for VA non-service-connected pension benefits.

The veteran's claims for increased ratings for mechanical low back pain and hemorrhoids are being remanded due to the need for additional examinations, missing service medical records, and consideration of new rating criteria.

The Board has determined that the veteran does not have a current psychiatric disorder, specifically PTSD or depression, attributable to his military service.,Regarding the back disorder and bilateral hearing loss claims, there is no evidence of such conditions during active duty. The RO will attempt to obtain additional VA medical records for further review.

The veteran's vision in both eyes is not less than 5/200 and he does not have concentric contraction of the visual field to 5 degrees or less; he is not a patient in a nursing home because of incapacity; and he has not established a factual need for aid and attendance. Therefore, the requirements for special monthly pension based upon the need for regular aid and attendance of another person have not been met.

The Board has remanded the case due to procedural defects in notification and evidence collection, including obtaining service medical records from 1980-1983 and additional treatment records.