Back / lumbar spine decisions — 2006

The veteran's claim for an earlier effective date for service connection for Reiter's disease and related conditions was denied as the earliest date of claim is February 12, 2003.

The Board denied the veteran's claim for a disability rating greater than 40 percent for mechanical low back pain with degenerative arthritis and degenerative disc disease due to his failure to appear at a scheduled VA examination. The criteria for a higher rating were not met based on the evidence of record.

The Board denied service connection for PTSD and the reopening of a claim for back disability. The heart disorder and tuberculosis claims were also denied.

The Board has determined that the veteran's claims for service connection for degenerative disc disease of the lumbar spine and residuals of a lower jaw injury have not been established, as there is no competent evidence linking these conditions to his military service.

The veteran's claims for increased ratings for a lumbar spine disability, skin condition, and headaches were denied. The lumbar spine disability was rated at 40 percent under the old criteria and not higher due to lack of findings of ankylosis or incapacitating episodes. The skin condition did not meet the criteria for a compensable rating as it affected less than 5% of exposed areas and had intermittent systemic therapy within a year. Headaches were rated at 10 percent, which is the maximum under current criteria.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for degenerative disc disease of the lumbar spine. The medical opinion provided by Dr. E.H. supports a link between the in-service injury and the current disability.

The Board has determined that additional development is needed to determine the nature and etiology of the veteran's current left knee and low back disorders, including obtaining medical opinions regarding their relationship to service.

The Board has determined that the veteran's claims for increased evaluations of his thoracic strain, lumbosacral strain, and cervical strain with degenerative changes are denied as they do not meet the criteria for higher ratings under the applicable VA rating schedule.

The Board denied the veteran's claim for an effective date before March 21, 2003 for the grant of service connection for lumbar stenosis with degenerative changes.

The Board has determined that the veteran's low back and left leg disabilities were not incurred or aggravated by service, and are not related to his service-connected right foot dermatophytosis with recurrent cellulitis.

The Board found that the veteran's degenerative disc disease of the lumbosacral spine was not incurred or aggravated by service, and denied his claim for service connection.

The veteran's claims for PTSD, low back disability, and right leg disability were denied as the evidence did not support a finding of service connection.

The veteran's multiple disabilities, including end stage macular degeneration and lumbosacral degenerative disc disease, do not meet the criteria for special monthly pension based on need for regular aid and attendance or being housebound.

The veteran's appeal is being remanded to the RO for further action, including scheduling a Travel Board hearing. The claims will be returned to the Board once this is done.

The Board denied the veteran's claim for special monthly pension by reason of need for regular aid and attendance or by reason of being housebound due to lack of evidence showing a need for regular assistance from another person or substantial confinement to her home.

The veteran seeks service connection for a back disability, which he alleges resulted from an incident in service. The case is being remanded to obtain additional medical records and conduct further development.

The veteran's degenerative disc disease of the lumbar spine has not met the criteria for a higher evaluation since February 8, 1996. The condition was not manifested by severe intervertebral disc syndrome with recurring attacks or severe limitation of lumbar motion.

The Board denied the veteran's claims for earlier effective dates for a 60 percent evaluation for degenerative disc disease and a TDIU rating, finding that the increase in disability was not ascertainable within one year prior to April 12, 1993.

The veteran's claim for an increased rating for his low back disability and initial rating in excess of 40 percent from September 23, 2002, for peripheral neuropathy of the left lower extremity was denied. Service connection claims for chronic fatigue syndrome and memory loss were also addressed.

The Board has remanded the case for further development and readjudication, including obtaining additional medical records and providing the appellant with proper notice.