Back / lumbar spine decisions — 2006

The veteran's service-connected lumbar spine arthritis is rated at 40 percent, and his ano-rectal fistula is rated at 10 percent. The other issues are resolved in the veteran's favor.

The Board denied the veteran's claim for special monthly compensation on account of loss of use of both lower extremities due to his service-connected disabilities, finding that he does not meet the criteria for SMC under VA regulations.

The veteran's service connection claims for right foot degenerative joint disease, degenerative joint disease of the knees, and degenerative joint/disc disease of the lumbar spine are all granted.

The Board denied the veteran's claim for service connection for residuals of a low back injury, finding that his current condition is not related to his active service. The issue of special monthly pension based on the need for aid and attendance or by reason of being housebound was also addressed but has yet to be resolved.

The Board denied service connection for back and bilateral leg disorders as there was no evidence of in-service injury or disease, and the veteran's statements regarding an in-service motor vehicle accident were not credible.

The Board has decided to remand the case for additional development, including a VA examination and consideration of new evidence.

The Board found that the veteran's current back disorder is not causally related to his active service, or any incident therein. The issue of entitlement to service connection for varicose veins was also addressed but is being remanded due to insufficient evidence.

The veteran's low back disorder is not service-connected, and his PTSD results in occupational and social impairment with occasional decrease in work efficiency. The Board finds that the preponderance of evidence does not support a higher rating for PTSD.

The veteran's claims for service connection, increased rating, and TDIU are being remanded due to incomplete medical records and the need for further examinations.

The Board granted a TDIU effective July 24, 1997. The veteran now seeks an earlier effective date.

The Board denied the veteran's claims for a higher disability rating for lumbosacral strain, finding that the evidence did not meet the criteria for a higher rating under the applicable VA rating schedule. The claim was also denied for a temporary increase in disability rating from January 13, 2004 to February 6, 2005.

The Board has granted a 40 percent disability rating for prostatitis and has determined that the veteran is entitled to service connection for a low back disorder. The claim for PTSD remains pending as it involves personal assault, which requires further examination.

The Board has determined that the veteran did not file a timely notice of disagreement within one year of the March 20, 1990 and August 29, 1996 decisions denying his claims for service connection. As such, these decisions are final.

The Board has determined that the veteran's low back disorder is not causally related to his service-connected left hip disorder, and therefore denied the claim for secondary service connection.

The Board has reopened the veteran's claim of service connection for a lumbar spine disorder and is granting this portion of his appeal.

The Board has granted an effective date of March 21, 1997 for a 40 percent evaluation for the veteran's service-connected lumbosacral strain.

The VA determined that the veteran's lumbosacral strain does not meet or approximate the criteria for a higher rating than 20 percent.

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

The Board found that the veteran's degenerative disc disease of the lumbosacral spine was not incurred in or aggravated by service and denied his claim for service connection.

The veteran's claims for increased evaluations for his low back disorder and associated radiculopathy have been denied. The evidence does not support the assignment of higher ratings under the applicable rating criteria.