Back / lumbar spine decisions — 2006

The veteran is seeking service connection for a low back disability, which he claims is related to his service-connected left sciatica. The Board has determined that further development is needed due to the lack of a nexus opinion.

The veteran's claim for special monthly compensation based on the need for aid and attendance or housebound status is being remanded due to the need for additional medical records and a new VA examination.

The Board has remanded the case due to incomplete medical records and the need for a VA examination. The veteran's low back disorder is being evaluated in light of his service record.

The veteran's claims for service connection for hearing loss, tinnitus, and a back disability are being remanded due to the need for additional development including VA examinations.

The Board has reopened the veteran's claim of service connection for a back disability and remanded it for further development.

The Board has remanded the case for additional development due to recent medical treatment references by the appellant. The claims for service connection and reopening of a rectal disorder will be reconsidered after obtaining any relevant records.

The Board found that the veteran's cervical disc disease, acquired psychiatric disorder (depression), and lumbar spine disorder were not incurred in or aggravated by service. The disorders are also not presumed to have been incurred therein. Service connection was denied for these conditions as they are not related to service or a service-connected disability.

The Board has determined that the veteran's current low back disability is not etiologically related to his military service or service-connected left knee disability, and thus denied the claim for service connection.

The veteran's claims for earlier effective dates for the service connection of PTSD, hysterectomy residuals, and lumbar strain with degenerative disc disease, L5-S1 have all been denied. The RO has granted a 40 percent evaluation for the lumbar condition as of January 17, 2003.

The veteran is seeking an increased evaluation for his service-connected chronic lumbar strain and sprain with discogenic lumbar spondylosis, which was initially granted in 1998. The RO has remanded the case to obtain additional evidence and conduct a new examination.

The veteran's claims for service connection for a detached retina of the right eye, and for initial evaluations in excess of 20 percent for degenerative disc disease of the lumbar spine prior to February 17, 2004, and an initial compensable evaluation for bilateral hearing loss were denied. The veteran's claim for an initial evaluation in excess of 40 percent for degenerative disc disease of the lumbar spine effective February 17, 2004 was also denied.

The veteran's service-connected right knee disorder, arteriosclerotic heart disease, and lumbar spine disability are all granted. The left knee disability is also granted with a higher initial evaluation.

The veteran's claims for increased ratings and service connection were denied. The left knee condition is rated as 10 percent disabling, while the lumbar spine disability is rated as 20 percent disabling under old criteria (now reclassified to 5243). Right knee disability was not found to be related to active duty service.

The veteran's appeal is being remanded due to the need for a clarification of his hearing preference and scheduling of an appropriate Board hearing.

The Board has determined that the veteran is entitled to special monthly pension based on the need for regular aid and attendance due to his multiple disabilities, including chronic low back pain, cerebrovascular accident, seizures, high blood pressure, diverticulosis of the colon, glaucoma, cataracts, prostate cancer, arthritis, renal lithiasis, and myocardial infarcts. The decision is based on the veteran's need for regular aid and assistance due to his disabilities.

The Board denied the veteran's claims for service connection for low back injury and acquired psychiatric disorder, finding that new and material evidence had not been received to reopen the claim for low back injury and concluding that there was no service connection due to lack of a nexus between any current disability and service.

The Board denied the veteran's claim for a rating in excess of 40 percent for degenerative disc disease of the lumbosacral spine, finding that his symptoms did not meet or approximate the criteria for a higher evaluation under either the old or new rating criteria.

The Board has remanded the case due to the need for a VA examination to determine if the veteran's current middle and low back disorder is related to his service.

The Board has granted the veteran's claims for service connection for degenerative joint disease of the lumbar spine, right shoulder disability, and left ankle sprain. The veteran is also entitled to a compensable evaluation for snapping tendons in his left foot.

The Board has reopened the claim for service connection for a low back disability and determined that new evidence received since June 1999 relates to an unestablished fact necessary to substantiate the claim. The appellant's current low back disabilities are presumed to have existed prior to his active service, and he did not provide clear and unmistakable evidence to rebut this presumption. Therefore, the Board has granted service connection for a low back disability.