Back / lumbar spine decisions — 2006

The veteran's claim for a higher rating for right heel fracture residuals is being remanded due to inconsistencies in the medical records and need for clarification of the precise disorder. The service connection claims for back and left foot disorders are not addressed as they were granted with separate evaluations.

The veteran's low back disorder was initially manifested during service, and the Board has determined that it is related to his active military service.

The Board has remanded the case for further development and to provide corrective VCAA notice regarding disability ratings, effective dates, and new and material evidence issues.

The Board has ordered the case to be remanded for additional development, including providing specific notice of what constitutes material evidence in order to reopen the claim for service connection for a back disability.

The Board has determined that there is no competent medical evidence showing the veteran has a neck condition related to service, and thus denied his claim for service connection.

The veteran's appeal has been dismissed due to his death.

The veteran's claims for higher initial evaluations of his degenerative disc disease at L3-4 to L5-S1 and radiculopathy of the left lower leg were denied. The Board also found that there is no legal entitlement to earlier effective dates for TDIU and DEA benefits.

The Board denied the veteran's claims of service connection for a low back disorder and entitlement to TDIU due to service-connected disability, finding that there was no evidence linking his current low back condition to his military service or service-connected left knee disability. The Board also found that he did not meet the criteria for a total rating based on individual unemployability.

The Board denied the reopening of the claim of service connection for a back disorder due to lack of new and material evidence.

The veteran's claims for service connection and increased rating are being remanded due to inadequate notice under the Veterans Claims Assistance Act of 2000.

The VA determined that the veteran's service-connected low back disability, characterized by pain and slight limitation of motion, does not meet the criteria for a higher rating under either the old or new rating criteria.

The Board has determined that the evidence submitted does not raise a reasonable possibility of substantiating the claim for service connection for a back disability, and thus the claim is denied.

The Board found that the evidence did not support a connection between the veteran's low back disorder and her military service, thus denying her claim for service connection.

The Board denied the veteran's claims for service connection for hypertension and a higher rating for GERD, finding no evidence of current hypertension or aggravation of GERD by Elavil. The claim for an increased rating for degenerative disc disease was granted.

The veteran's claim for an increased rating for her degenerative disc disease of the lumbosacral spine at L5-S1 is being remanded due to a lack of VCAA notification and incomplete development.

The veteran's claims for increased ratings for his left knee disorder and post-phlebitic syndrome were granted, with the effective date set at the date of receipt of the claim.

The Board denied the veteran's claims for earlier effective dates for service connection due to a lack of evidence showing an intent to claim these conditions prior to April 12, 1999.

The Board denied an increased rating for the veteran's service-connected lumbosacral strain with DDD and DJD, as his condition did not meet the criteria for a higher rating based on incapacitating episodes or other objective manifestations of disability.

The veteran's claim for an increased evaluation of his low back condition was granted, and he is now rated at 40 percent. The claim for total disability based on individual unemployability due to service-connected disabilities was also granted.

The Board has denied the veteran's claims for service connection for neck, right arm, body wounds, and degenerative disc disease of the lumbar spine as there is no evidence of current disabilities or persistent/recurrent symptoms.