Back / lumbar spine decisions — 2007

The Board has ordered a new VA examination to determine if the veteran's current low back condition is related to his military service, including any lifting injuries during active duty.

The veteran's claim for an increased rating for his service-connected low back disability is being remanded due to the need for a new VA examination and proper notice under 38 U.S.C.A. § 5103(a) and 38 C.F.R. § 3.159(b).

The Board has denied the veteran's claims for service connection for sleep disturbances, residuals of sarcoidosis, and low back disorder. The evidence does not support a finding that these conditions are related to active service.

The Board has determined that the veteran does not meet the criteria for special monthly compensation on account of housebound status due to his service-connected disabilities.

The Board found that the veteran's degenerative disc disease did not meet criteria for a higher evaluation, and his total right hip replacement did not meet criteria for an evaluation in excess of 50 percent.

The veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on loss of use of hands and feet or need for aid and attendance/housebound status.

The Board has remanded the case for further development, including obtaining a VA examination and addressing the veteran's claim of service connection for a low back disorder and entitlement to nonservice-connected pension benefits.

The veteran's degenerative disc disease of C5-6, with right radiculopathy, and a disability of the right great toe (bunion) are both found to be service-connected. The veteran is currently assigned a 10% disability rating for his left hallux rigidus.

The Board denied the veteran's claims for service connection for bilateral knee arthritis, cervical spine DJD and DDD, and lumbar spine DJD and DDD, finding that there was no evidence of in-service injury or disease related to these conditions.

The Board found that the veteran's degenerative disc disease warranted a rating of 60 percent, effective April 1, 2002. The claim for service connection for a sleep disorder is addressed in the REMAND portion and will be remanded.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claim for service connection for a back disorder, originally claimed as a backache. The April 1982 RO decision denying this claim is final.

The Board has decided to remand the case for further development, including a VA examination and readjudication of the service connection claim for low back disorder and TDIU.

The veteran's degenerative disc disease of the lumbosacral spine has not met the criteria for a higher evaluation from September 1, 1999 to October 17, 2004, and in excess of 40 percent from October 18, 2004.

The VA determined that the veteran's current back disability was not incurred in or aggravated by service.

The Board has determined that new and material evidence was not submitted to reopen the claims for service connection for a lumbar spine disorder and a left leg, knee disorder. The veteran's current conditions are related to his military service.

The Board has determined that the veteran's degenerative disc disease of the lumbar spine with probable ankylosing spondylitis warrants a rating of 40 percent, effective September 26, 2003.

The Board has remanded the case for further development and clarification of medical opinions regarding the veteran's low back disorder.

The Board found that the veteran's lumbar spine disability was manifested by moderate limitation of motion with daily pain and occasional more severe exacerbations prior to February 7, 2006. As of February 7, 2006, his condition warranted a 40 percent rating.

The veteran's claims for increased ratings for his service-connected lumbar spine and right leg radiculopathy disabilities were denied. The RO found that the veteran did not meet the criteria for a higher evaluation under the applicable rating criteria.

The Board denied the veteran's application to reopen his previously denied claim of entitlement to service connection for a low back disorder, finding that new and material evidence had not been submitted.