Back / lumbar spine decisions — 2006

The Board has determined that the veteran's claimed disabilities, including right eye blindness due to retinal bleeding, left hip arthritis, and lumbar spine arthritis, were not incurred or aggravated during his active service. The evidence does not support a finding of service connection for these conditions.

The Board found that the veteran's low back disability existed prior to service and was not aggravated by military service, thus denying his claim for service connection.

The Board has remanded the veteran's claim for an increased evaluation of her service-connected degenerative joint disease of the lumbar spine due to a lack of recent VA examination and incomplete medical records.

The Board has denied the veteran's claim for a total disability rating based on individual unemployability due to his service-connected low back disorder, finding that while he is unable to work due to his condition, it does not meet the criteria for TDIU as defined by VA regulations.

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

The veteran's low back pain and right lumbosacral radiculopathy were not incurred in or aggravated by service, nor may a neurological disorder manifested by right lumbosacral radiculopathy be presumed to have been incurred therein. PTSD was not incurred in or aggravated by service. The veteran's service-connected disabilities do not render him individually unemployable.

The veteran's service-connected disabilities, including coronary artery disease and spinal conditions, are of such severity that he requires assistive devices for locomotion. The Board finds him eligible for specially adapted housing or a special home adaptation grant.

The veteran's claim for an increased evaluation of his low back strain with residuals of coccyx fracture was denied, as the disability did not meet the criteria for a higher rating. The issue of entitlement to TDIU due to service-connected disabilities was also denied.

The Board has decided to remand the case for further development, including a VA examination and proper VCAA notification.

The Board has remanded the case for further development and examination, including obtaining service medical records and arranging for VA examinations to determine the nature, extent, and etiology of any manifested nasal condition, sinusitis, lower back and neck condition, residuals of injury to the skull, hearing loss, tinnitus, and depression.

The Board has determined that the veteran's low back disability is related to his service-connected right knee disability and grants service connection for this condition. However, there is no evidence of left ear hearing loss in service or otherwise linked to service, so the claim for service connection for left ear hearing loss is denied.

The veteran's spondylosis at L5 with history of lumbar strain is currently rated at 40 percent, but the Board finds that this rating does not meet the criteria for a higher evaluation.

The Board denied the veteran's claims for service connection for right knee and lumbar spine disorders, finding that new evidence did not sufficiently establish a direct relationship to his military service.

The veteran's low back disability, rated at 40 percent, is found to more closely approximate severe lumbosacral strain with specific findings of limited motion and osteoarthritic changes. The current rating adequately reflects the severity of his condition.

The Board denied service connection for a back disorder, finding that the evidence did not establish a chronic disability during or after service and that any current condition is more likely due to normal aging.

The veteran's service-connected disabilities combined to meet the 40 percent threshold and his combined rating increased to 70 percent effective August 15, 2000. The claim for a TDIU arose on that date.

The Board denied the veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected low back disorder, finding that he was not unable to secure or follow substantially gainful employment.

The Board has determined that the veteran's chronic lumbosacral strain is not related to his service and therefore denied his claim for service connection.

The Board has determined that the veteran's current low back pain and degenerative disc disease are not related to an injury or event during service, and thus denied his claim for service connection.

The Board denied an increased evaluation for the veteran's lumbar paravertebral myositis, finding that the evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.