Back / lumbar spine decisions — 2005

The Board has granted a rating of 70 percent for the veteran's residuals of a compression fracture of L2 with associated degenerative disc disease, finding that the condition is severe enough to warrant this higher evaluation.

The Board denied the veteran's claim for an effective date earlier than September 1, 2001 for the grant of TDIU. The earliest date that it was first credibly shown that his service-connected disabilities alone were of such severity as to preclude substantially gainful employment was September 1, 2001.

The Board found that the veteran's current back and left knee conditions are not related to his military service, as there is no medical evidence linking these conditions to injuries sustained during active duty.

The veteran's claim for an increased rating for a chronic lumbar strain is being remanded due to the need to properly apply provisions of VCAA and ensure all necessary development has been completed.

The VA denied an evaluation in excess of 20 percent for the veteran's service-connected degenerative joint disease of the lumbosacral spine, finding that his disability picture did not meet the criteria for a higher rating.

The Board has granted service connection for a right knee disorder, a right foot disorder, and a low back disorder. The veteran's current disabilities are related to injuries sustained during his military service.

The Board has determined that the veteran does not have any chronic disabilities manifested by mechanical low back pain, residuals of a neck injury, or residuals of a corneal abrasion of the right eye that are related to active service.

The Board found no evidence of a direct relationship between the veteran's service and his current left foot disability or lumbar spine disorder. The Board concluded that the veteran did not meet the criteria for service connection in either case.

The Board has granted service connection for bilateral hip arthritis as secondary to the veteran's service-connected bilateral pes planus. The issue of entitlement to a total disability rating based on individual unemployability is remanded due to the need for additional medical examination and opinion.

The Board denied the claim of CUE in the October 22, 1979 rating decision that assigned an effective date of July 3, 1979 for the grant of a TDIU. The claim for DIC benefits was also denied as there is no evidence showing the veteran would have been entitled to such benefits based on his service-connected conditions.

The Board has granted the veteran's claims for service connection for PTSD, tinea pedis (skin rash and peeling skin of both hands and feet), deviated septum, gastroesophageal reflux disease (GERD), and insomnia. The veteran's service records show that he experienced stressors related to his service in Southwest Asia, including exposure to enemy combat situations and witnessing the deaths of fellow soldiers.

The Board has decided to remand the case for additional development, including obtaining service dates and scheduling a VA examination.

The veteran's cervical and lumbar spine disabilities are not service-connected. The arthritis of the thoracic spine is granted, but with a noncompensable rating. The peptic ulcer disease remains rated at 10%. The hypertensive cardiovascular disease is increased to 30% prior to January 12, 1998 and denied for an increase beyond that date.

The veteran's residuals of a shell fragment wound of the left foot are currently rated at 30 percent, which is higher than what he was seeking. His low back strain has been rated as noncompensably disabling (0 percent) since September 28, 1995.

The case is being remanded to the RO for scheduling a videoconference hearing and further development. The veteran will be notified of the date and time of the hearing.

The veteran withdrew his appeal for the issues of hearing loss disability, tinnitus disability, asthma, congestive heart failure, and low back disability before a decision was made by the Board.

The veteran's residuals of nondisplaced left wrist navicular fracture are granted as incurred during active service. The issues of bilateral hearing loss and lumbosacral strain are remanded for further development.

The Board has remanded the case due to the need to obtain the veteran's service medical records and determine if new and material evidence has been presented to reopen her claim for service connection for lumbosacral strain.

The Board found that the veteran's back disorder is not related to his service-connected left leg fracture and denied both his secondary service connection claim for a back disorder and his request for an increased rating.

The veteran's claims for service connection were denied. The Board found that new and material evidence was not received to reopen the claims of personality disorder and PTSD, but service connection was granted for dysthymic disorder, hypertension, and low back disability.