Back / lumbar spine decisions — 2006

The Board denied the veteran's claims for increased ratings for her degenerative changes of the lumbosacral spine and chronic rhinosinusitis, finding that the evidence did not meet the criteria for a disability rating in excess of 60 percent or 10 percent, respectively.

The veteran's service-connected disabilities do not prevent him from securing and following any form of substantial gainful employment.

The preponderance of the evidence is against finding that the veteran's bilateral hip, low back, knee, ankle, and left foot disorders were present in service or related to service. The claim for secondary service connection was also denied.

The Board has determined that a VA examination is needed to determine the nature and etiology of the veteran's low back disability, as well as verification of her prior period of active duty and service medical records from March 1997 to March 2002. The case will be remanded for these actions.

The Board finds that the veteran's current low back strain with L5 radiculopathy is not related to his service and denies the claim.

The Board has determined that a 40 percent disability evaluation, but no higher, is warranted for the service-connected degenerative disc disease of the lumbar spine throughout the appeal period.

The Board has determined that the veteran's service-connected arthritis of the left knee and lumbosacral strain do not warrant an initial evaluation in excess of 20 percent.

The Board denied the veteran's claims for increased rating for low back strain, service connection for residuals of a neck injury, and service connection for arthritis. The evidence did not support granting any of these claims.

The Board has determined that there is no competent medical evidence linking the veteran's current low back disability to his active military service or an injury during Active Duty Training (ADT). As a result, the claim for service connection for a low back disability is denied.

The Board found that the veteran's claim of service connection for a chronic back disability was denied due to lack of new and material evidence.,The Board also found that the veteran's claims of service connection for schizophrenia and PTSD were denied on the merits, but his claim for PTSD was reopened based on new and material evidence.

The Board has determined that the veteran's service-connected chronic lumbosacral strain warrants a 20 percent rating, reflecting limitation of forward flexion to 60 degrees.

The Board denied service connection for degenerative disc and joint disease of the lumbar spine as secondary to service-connected left hip and bilateral knee disabilities, and denied service connection for bipolar disorder.

The veteran's claim for service connection is being remanded due to the unavailability of his active duty medical records and conflicting opinions regarding the etiology of his pulmonary disability and degenerative joint disease of the lumbar spine. The case will be reviewed again after further examination and development.

The Board has determined that the veteran does not meet the criteria for special monthly pension based on the need for regular aid and attendance of another person or at the housebound rate due to his ability to function independently in daily activities.

The veteran's claims for increased disability evaluation, service connection for diabetes mellitus, and service connection for a back condition were all denied. The Board found that the residuals of right inguinal hernia repair did not meet criteria for a higher rating than 10 percent. Service connection was denied for diabetes mellitus due to lack of evidence within one year post-service. And service connection was also denied for a back disorder as there is no current diagnosis.

The Board has determined that the veteran's lower back condition is proximately due to or the result of his service-connected post-operative left knee injury, and thus grants service connection for this condition.

The Board found no evidence of current residuals of hepatitis and denied service connection for this condition. The heart, asbestos exposure, and low back disorder claims are being remanded due to the need for additional development.

The veteran's service-connected disabilities do not impair his ability to prepare for, obtain, or retain employment consistent with his abilities, aptitudes, and interests. Therefore, he does not have an employment handicap.

The veteran's appeal is being remanded due to the need for additional records and clarification of representation.

The veteran's claims for service connection for lumbosacral and bilateral hip osteoarthritis are being remanded due to the need for additional examinations and development of evidence.