Back / lumbar spine decisions — 2006

The Board has determined that new and material evidence was submitted to reopen the claims for PTSD and a back condition. Service connection is granted for both conditions on the basis of direct incurrence in service, with the veteran's exposure to combat-related stressors being supported by his military records and confirmed by USASCRUR.

The Board denied the veteran's claim for an earlier effective date than January 24, 2001, for a grant of Total Disability Rating Based on Individual Unemployability (TDIU). The RO found that the veteran did not meet the criteria for TDIU prior to his initial service-connected disability award in October 1996.

The Board has determined that the evidence received since the last final decision does not raise a reasonable possibility of substantiating the claim for service connection for a back disorder.

The Board has denied reopening of the veteran's claims for service connection for back, bilateral foot, and skin disorders due to lack of new and material evidence.

The Board has remanded the case for further development due to incomplete service records and unclear evidence regarding the appellant's claimed conditions.

The veteran's appeal has been dismissed as he withdrew his claims for the aforementioned issues.

The Board has determined that the appellant does not have migraine headaches or a low back disability that were incurred in or aggravated by active military service.

The VA denied the veteran's claims for increased ratings in all three issues related to his service-connected conditions. The lumbar spine condition is rated at 20 percent, migraines are not considered disabling enough for a higher rating, and the right thumb lacerations remain at 10 percent.

The veteran's non-service-connected disabilities do not meet the criteria for special monthly pension based on need of regular aid and attendance or being housebound.

The veteran's claims for service connection were denied across the board. The Board found that none of the claimed conditions are related to his period of active service.

The Board has granted a 20 percent rating for lumbar spondylolisthesis and a separate 10 percent rating for right lower extremity radiculopathy, effective from the date of the initial decision.

The Board has determined that the veteran's lower back and right knee disorders are secondary to his service-connected pes planus.,An effective date earlier than April 7, 1970 for the grant of service connection for pes planus with callosities and hyperkeratosis punctate plantaris is not warranted.

The Board found that the veteran's current back, neck, and head injuries are not linked to service. The VA examiner concluded that the veteran's current low back condition is not likely related to his military service.

The veteran's claims for higher initial ratings for his chronic low back strain and bilateral knee disabilities were denied. The RO assigned a 20% rating for the low back disability effective January 21, 2004.

The Board denied service connection for lymphoma, bronchial asthma, back disorder, and right knee disorder. The veteran's claim for lymphoma was denied due to lack of a current diagnosis. Service connection for the other conditions is also denied as there is no clear and unmistakable evidence that they were present prior to service or are otherwise related to service.

The Board denied service connection for a low back disorder and did not reopen the claims for essential hypertension and irritable bowel syndrome.

The veteran's claim for an increased rating for his service-connected low back disability was denied. The current effective date is not specified.

The Board has remanded the veteran's case for additional development due to incomplete service records and new medical examinations.

The veteran's claims for increased ratings for his low back disorder and bilateral plantar fasciitis were denied as there is no evidence of severe lumbosacral strain, intervertebral disc syndrome with recurring attacks, or incapacitating episodes of intervertebral disc syndrome having a total duration of at least four weeks during the past year. The veteran's bilateral plantar fasciitis was rated as moderate.

The Board has determined that the veteran's current back disability is as likely as not related to his service, including a motorcycle accident in 1982. Therefore, service connection for this condition is granted.