Back / lumbar spine decisions — 2005

The Board denied the veteran's claims for service connection for a chronic acquired low back disorder, bilateral knee disability, and arthritis of the legs, finding that these conditions were not incurred or aggravated by active military service.

The Board has granted a 30 percent evaluation for the veteran's right shoulder bursitis, effective from September 1969. The claim for an increased evaluation for left shoulder bursitis and degenerative disc disease of the lumbar spine remains denied.

The veteran's claim for TDIU was received on December 17, 1998. The RO held that he met the criteria for a combined disability rating of 70% as of October 1, 1992, which is when his last date of employment was May 31, 1996. Therefore, an effective date earlier than December 17, 1998, cannot be granted.

The Board finds that additional development is necessary to determine if the veteran's current low back disorder is causally related to his in-service treatment for back pain. The case will be remanded for further examination and review.

The Board finds that the veteran's spouse was in need of regular aid and attendance due to her physical disabilities, including a stroke resulting in hemiparesis and wheelchair use. The claim is granted.

The Board found that the veteran's degenerative disc disease at L4-5 and L5-S1 was not caused by his time in service, and denied the claim. The right knee disability is pending further development.

The veteran's claim for a higher evaluation for lumbosacral strain is being remanded due to the need for additional medical examination and analysis.

The Board denied service connection for a low back disorder in November 1953, finding no current disability and denying compensation. The veteran's claim was later granted based on more recent medical evidence.

The Board has determined that new and material evidence has been received to reopen the veteran's claim of service connection for a low back disorder. The case is now remanded for further development, including obtaining medical records from VA facilities and a VA examination.

The veteran's appeal was dismissed because he did not file a timely and adequate substantive appeal with the February 2002 rating decision denying service connection for multiple conditions.

The Board has determined that the veteran does not have a low back disability related to service, and therefore denied his claim for service connection.

The VA denied the veteran's claim for an increased disability rating for his service-connected degenerative disc disease of the thoracic spine, maintaining a current rating of 20 percent.

The Board denied the veteran's claims for increased ratings for his service-connected left elbow strain and chronic lumbosacral strain, finding that the evidence did not warrant a higher rating under applicable diagnostic codes.

The Board has determined that additional development is required before appellate review can be conducted.

The Board has determined that the veteran's lumbar paravertebral myositis warrants a rating of 40 percent, effective from June 29, 2004.

The Board has determined that the veteran's degenerative arthritis and degenerative disc disease of the lumbar spine is related to service, warranting service connection. The claim for a 10 percent evaluation based on multiple noncompensable service-connected disabilities under 38 C.F.R. � 3.324 will be remanded for further development.

The VA denied a disability rating in excess of 40 percent for lumbosacral strain with radiculopathy, which is currently rated at 40 percent.

The veteran's ASHD is rated at 30 percent, and his degenerative arthritis of the lumbosacral spine is rated at 20 percent. The rating for ASHD remains unchanged, while a higher rating was granted for the lumbosacral spine.

The Board found that the veteran's pre-existing low back disability existed prior to service and was not aggravated by service. As a result, the claim for service connection is denied.

The Board finds that the veteran's current chronic back problems are reasonably attributable to an in-service back injury, and grants service connection for a low back disorder.