Back / lumbar spine decisions — 2007

The Board has remanded the case for a videoconference hearing before the RO, and the appellant's increased rating claim for osteoarthritis of the lumbar spine with limitation of motion is pending.

The Board denied the veteran's claims for service connection for a right knee condition, left knee condition, low back condition, and PTSD with depression. The evidence did not show that any of these conditions were incurred or aggravated by military service.

The veteran's appeal is being remanded for further evaluation of his service-connected mechanical low back strain with early degenerative disc disease, transitional vertebra at L5-S, and spina bifida occulta. The RO will consider whether a higher overall rating is available under the new General Rating Formula for Diseases and Injuries for the Spine.

The Board has granted service connection for the veteran's disabilities and assigned initial ratings. The veteran is seeking higher initial ratings, but the evidence does not support such increases.

The veteran's claim for an increased rating for his lumbar spine disability was denied by the Board in November 2002. The effective date of the current 40% rating is February 12, 2003.

The Board found that the veteran's low back disorder was not incurred in or aggravated by service, and denied his claim for service connection. The issue of migraine headaches is pending as part of a separate appeal.

The veteran's claim for a higher rating for his lumbar spine disorder was denied. Separate compensable ratings of 10 percent were granted for pain in the left and right legs, radiculopathy from September 23, 2002.

The Board denied service connection for PTSD, hepatitis B and C, hypertension, and a low back disability due to lack of verified stressors and insufficient evidence linking current conditions to service. The claim seeking lung disability reopening was also denied.

The veteran's low back disability was initially rated at 10 percent, and after a surgery in April 2004, the rating was increased to 10 percent. The RO found that the veteran did not have an incapacitating episode requiring bed rest as prescribed by a physician during the previous year.

The Board has determined that the veteran does not have a current diagnosis of a bilateral foot disability and there is insufficient evidence to establish service connection for his back disability. The preponderance of the evidence is against both claims.

The Board has denied the veteran's claims for service connection for bilateral hip disability and degenerative disc disease of the lumbosacral spine on a direct basis, as well as his claim for an increased rating for right knee strain with torn ACL. The evidence does not support these claims.

The Board has determined that the veteran's claims for service connection and TDIU have been denied. The claim for a back disability was previously denied in 1979 due to pre-existing conditions not aggravated by service. The claim for depression secondary to a service-connected back disability is also denied, as there is no evidence of service connection for the underlying condition. The veteran's TDIU claim is denied because he does not have any service-connected disabilities.

The Board has reopened the veteran's claim and finds that there is sufficient evidence to support a finding of service connection for a chronic low back disorder.

The Board denied the veteran's claims for service connection for a left knee disorder and an increased rating for his lumbar spine disorder, finding no current diagnosis of either condition and insufficient evidence to support the claims.

The veteran's claim for an increased evaluation in excess of 10 percent for low back strain with bilateral sacralization of L5 is being remanded due to the need for a VA examination and additional medical records.

The veteran's disabilities do not render him so helpless as to be unable to care for himself and perform tasks incident to daily living, nor does he require the regular aid and attendance of another person or qualify as housebound. Therefore, his claim for special monthly pension based on need for regular aid and attendance or housebound status is denied.

The Board has determined that the veteran's claim for service connection for chronic low back disability, with residuals of lumbar laminectomy is denied as there is no evidence linking his current condition to his military service.

The veteran's appeal is being remanded to obtain additional VA treatment records and schedule a VA examination. The combined evaluation issue is inextricably intertwined with the increased evaluation for his service-connected lower back disability.

The veteran's claim for special monthly compensation based on the need for aid and attendance of another person is being remanded due to ambiguity in his service-connected disabilities and the need for a more contemporaneous examination.

The Board found that the veteran's left ankle disorder and low back disorder were not incurred in or aggravated by active military service. The evidence did not support a finding of service connection for these conditions.