Back / lumbar spine decisions — 2006

The Board found no evidence of a right knee disability incurred or aggravated by service. The veteran's arthritis of the lumbosacral spine is currently rated at 40% and not higher.

The veteran's claim for special monthly pension (SMP) by reason of needing regular aid and attendance or being housebound was denied because his nonservice-connected disabilities do not meet the criteria for either benefit.

The Board denied the veteran's claims for increased evaluations for his degenerative disc disease of the thoracic and lumbar spines, finding that the current 20 percent ratings adequately reflected the severity of his disabilities.

The veteran's appeal has been withdrawn, and the Board is dismissing both issues regarding higher ratings for low back disc disease and right foot plantar fasciitis.

The veteran's claims for an increased rating, earlier effective date, and TDIU are being remanded due to incomplete records and procedural issues.

The Board has determined that the veteran's low back disorder is not related to his service and therefore denied his claim for service connection.

The Board denied reopening the veteran's claims for service connection for a back disability and sinusitis, as well as his claim for service connection for a stomach problem. The Board found that new evidence did not meet the criteria to reopen these claims.

The VA denied the veteran's claim for an initial rating in excess of 40 percent for his lumbosacral strain with degenerative changes, as the disability is currently rated at 40 percent.

The Board has remanded the veteran's claims for further evidentiary and procedural development due to the need to obtain SSA disability determination records.

The Board denied the claim for service connection for a low back disorder in December 1973, and new evidence received since then does not meet the criteria to reopen the claim.

The Board has determined that the veteran does not have a current low back disorder, bilateral knee disorder, PUD with chronic hematochezia, psychiatric disorder, or hearing loss that is related to service. The tinnitus was also denied as it did not manifest during service.

The Board denied the veteran's increased rating claims for lumbosacral strain and status post right elbow fracture, finding that the evidence did not support a higher rating under either the old or revised criteria.

The Board has determined that a remand is required for the veteran's claims of entitlement to increased ratings and service connection for left foot, cervical spine, and lumbar spine disabilities. The veteran must be given an opportunity to file a timely substantive appeal as to his initial evaluation of his service-connected left foot disability.

The VA has granted a 40 percent rating for the veteran's degenerative joint and disc disease, lumbar spine and sacroiliac joints, with right sacral fracture, which is more than the initially assigned 20 percent rating.

The Board denied the veteran's claims for an initial rating in excess of 10 percent for his right knee condition and service connection for a disability of his thoracolumbar spine. The evidence did not support granting these claims.

The veteran's service-connected low back disorder is currently rated at 40 percent, and the Board finds no basis to grant a higher rating based on the evidence of record.

The Board has remanded the veteran's claims for service connection for PTSD and compensation under 38 U.S.C.A. § 1151 due to insufficient evidence regarding the diagnosis of a back fracture in 1991, which may affect both claims.

The Board has remanded the case due to incomplete medical records and instructed the RO to obtain any pertinent VA and non-VA medical records, including those from Dr. M. X. Rohan.

The veteran's service-connected post-operative residuals of degenerative disc disease of the lumbar spine at L4-L5 with right foot drop due to nerve injury are rated as a combined 60 percent disability, effective from the date of this decision.

The Board found no competent evidence linking the veteran's low back disorder to his service, and denied the claim.