Back / lumbar spine decisions — 2006

The Board has determined that the veteran does not have a shoulder or thoracic/lumbar spine disability attributable to his active military service and therefore denied both claims for service connection.

The Board is remanding the case to address whether there was clear and unmistakable error in a previous denial of service connection for a back disorder, as well as any other pending issues.

The Board denied increased ratings for the veteran's service-connected schizoaffective disorder, cervical myositis, lumbosacral paravertebral myositis, and patellar tendonitis of the right knee due to failure to report for VA examinations without good cause.

The Board has reopened the veteran's claim of entitlement to service connection for a low back disability including arthritis and determined that new evidence supports this claim. The Board found that the veteran's current chronic low back pain is related to his military service.

The veteran's claims for an increased rating and TDIU are being remanded due to the need for additional medical examination and consideration of vocational rehabilitation records.

The veteran's 60% service-connected low back strain disability does not render him unemployable as he is capable of sedentary employment.

The effective date for the grant of a total disability rating based on individual unemployability due to service-connected disabilities is set at February 1, 1996. The veteran's entitlement arose on that date as he was found unable to work due to his service-connected conditions.

The Board denied the veteran's claims for service connection for a back disorder and an increased rating for hemorrhoids. The claim for new and material evidence regarding ulcerative colitis was also denied.,Service connection for a back disorder could not be established as there is no medical evidence showing it was incurred during or aggravated by service, nor can it be presumed due to exposure to herbicides. The veteran's current low back pain may have been present since service but without objective evidence of its origin.

The VA has determined that the veteran's service-connected wounds, posterior chest and lumbar area, muscle group XX, with multiple small retained foreign bodies do not warrant a rating in excess of 20 percent.

The veteran's low back disability, including degenerative disc disease with compression fracture at L1, is currently rated as 40 percent disabling. The Board has determined that the evidence does not support a higher rating under the old version of Diagnostic Code 5293 for intervertebral disc syndrome.

The veteran's claim for special monthly pension based on need of regular aid and attendance or housebound status is denied as he does not meet the criteria for either benefit.

The veteran's claim for increased ratings and TDIU benefits was denied as she does not have intervertebral disc syndrome or other conditions that would warrant a higher rating. Her current employment is considered substantially gainful, and she has not demonstrated unemployability due to her service-connected disability.

The Board has determined that the veteran does not have a chronic back disability as the result of disease or injury incurred during his active military service, and arthritis of the spine cannot be presumed to have been so incurred.

The veteran's appeal is being remanded for further development, including obtaining medical records and scheduling the veteran for an examination to assess his disability ratings.

The Board found that the veteran timely filed a substantive appeal regarding his initial rating for low back strain, and granted an increased rating to 10% effective April 6, 1999.

The Board has determined that the veteran's right knee and leg disabilities, including arthritis of the knee, are not service connected as secondary to his service-connected right ankle and foot disabilities. Similarly, the low back disability is also denied as being service connected due to a link to his service-connected right ankle and foot disabilities.

The Board has denied the veteran's claims for service connection and pension benefits due to a lack of wartime service. The veteran was not in Vietnam during his active duty, which occurred entirely outside any recognized period of war.

The Board has determined that the veteran does not have a current throat, eye, nasal, neck, or low back disability for which service connection can be granted based on direct evidence. The available medical records do not show any nexus between his military service and these disabilities.

The Board granted a 40 percent evaluation for the veteran's service-connected low back disability, but denied an increased rating for gouty arthritis of the left ankle.

The Board has determined that new and material evidence has not been submitted to reopen the claims of service connection for low back and left knee disabilities. The veteran's primary disabilities include a status post-lumbar laminectomy, anxiety, left knee pain, hearing loss, varicosities of the right leg, and tinea versicolor. The need for aid and attendance or being housebound has not been established.