Back / lumbar spine decisions — 2006

The Board found that the veteran's Scheuermann's disease preexisted service and was not aggravated by service. The current back disorder is not related to military service.

The Board has determined that there is no current diagnosed low back disorder and thus cannot grant service connection for the veteran's claim.

The veteran's low back disability was initially rated as 0 percent prior to July 5, 2000. Effective from that date, the disability is rated at 10 percent.

The Board denied the veteran's claim for service connection for a back disability, finding that there was no competent evidence to relate his current lumbar myositis and degenerative joint disease to his active service or any incident therein.

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

The Board found that the veteran's disabilities do not render him unable to care for most of his daily needs without requiring A&A, and he is neither bedridden nor a patient in a nursing home. Therefore, the criteria for special monthly pension based on the need for regular aid and attendance (A&A) or housebound status are not met.

The Board found that the appellant's current low back disability, including spondylolisthesis at L5-S1 and degenerative disc disease of the lumbosacral spine, is not related to his military service. The preexisting rotoscoliosis of the lumbar spine was considered aggravated by service but does not establish a connection for the appellant's current low back disability.

The Board has determined that the veteran does not have a current back disorder and finds no evidence linking her current condition to service. Therefore, she is denied service connection for a back disorder.

The VA determined that the veteran's service-connected disabilities do not render her unemployable, as she is able to work part-time and attend school.

The Board denied service connection for a back disorder and a bilateral foot disorder, finding no medical evidence of a nexus between any current disabilities and service.

The veteran's low back strain is currently rated at 40 percent, which is the maximum rating available under the old criteria. His gastroenteritis is also rated as 40 percent disabling, with no other conditions or issues addressed in this decision.

The veteran's claims for increased ratings for lumbosacral strain and tinea cruris were denied, as the evidence did not support a higher rating based on limitation of motion or other criteria. The claim for service connection for a left ear disability was not addressed in this decision.

The veteran's claim for service connection for constipation was reopened and granted. A rating of 10 percent was assigned for low back strain prior to September 26, 2003, and a separate 10 percent rating was assigned for dorsal spine limitation of motion during the same period. The veteran is now rated at 20 percent for thoracolumbar strain from September 26, 2003 onwards.

The veteran's claims for gastrointestinal, respiratory (bronchitis), and low back disabilities are being remanded due to the need for additional development of his National Guard service records.

The veteran's claim for specially adapted housing assistance or a special home adaptation grant is being remanded due to the need for additional development of his medical records and VA examinations.

The veteran's claim for an increased evaluation for his service-connected lumbosacral strain with mechanical low back pain and degenerative changes is being remanded due to the need for a new VA examination, consideration of revised rating criteria, and obtaining additional medical records.

The veteran's lumbar spine disability was initially rated at 10 percent prior to January 30, 2001. From that date until May 11, 2004, the disability was rated at 40 percent. As of May 11, 2004, the veteran's disability is rated at 60 percent.

The Board has remanded the case due to scheduling issues, and no new rating or effective date is provided.

The Board found that the veteran's current back disability was not incurred in or aggravated by service and is not related to an event of service origin. The claim for service connection was denied.

The veteran's appeal is being remanded for additional development, including obtaining updated medical examinations to assess the severity of his knee and hip disabilities and their relationship to his service-connected right knee disability.