Back / lumbar spine decisions — 2007

The Board has remanded the case for consideration of an extra-schedular evaluation by the Under Secretary for Benefits or Director of Compensation and Pension Service due to referral for extra-schedular evaluation under 38 C.F.R. § 4.16(b) as discussed in the decision.

The Board found that the veteran does not have a separate right leg disability and denied his claim for service connection.

The Board denied service connection for the veteran's back and left knee disabilities, finding that new evidence did not establish a direct link to his military service.

The Board has determined that the veteran does not have a low back disability, depression, respiratory disability, or kidney/urinary disability that is related to her service in the Persian Gulf War or due to an undiagnosed illness. Therefore, these claims are denied.

The Board has denied the veteran's claims for service connection for PTSD and chronic low back disability. The claim of whether new and material evidence has been received to reopen a claim of entitlement to service connection for residuals of head trauma is pending, but no rating or effective date was assigned as these issues are not related to service connection.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected disabilities.

The veteran's service-connected lumbosacral strain and hypertension were found to not warrant higher disability evaluations.

The Board denied the veteran's claims for increased evaluations and service connection, finding that his lumbar spine disability did not meet criteria for a higher rating under the applicable diagnostic codes. The right knee condition was also found to be unrelated to active duty service.

The Board has remanded the case due to insufficient medical evidence to determine if the veteran's current conditions are related to service. The case will be returned for further development.

The Board has denied the veteran's claim for service connection for a low back disorder secondary to his service-connected right ankle disability due to lack of competent evidence supporting the claim.

The veteran's service-connected disabilities, which include right below the knee amputation associated with hypertension with atrial fibrillation and degenerative joint disease of the lumbar spine, render him unable to secure or follow a substantially gainful occupation. The Board has granted entitlement to a total disability rating based on individual unemployability due to these conditions.

The Board has determined that service connection is not warranted for the veteran's degenerative disc disease of the lumbar spine with osteoarthritis.

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

The Board has determined that the veteran's major depressive disorder, lumbosacral strain, and tinea versicolor are not service-connected or related to service-connected conditions.

The veteran claims service connection for a low back disorder, including disc herniations and degenerative disc disease (DDD), which he contends was incurred during military service. The RO/AMC will need to obtain additional medical records and conduct an examination to determine the nature, severity, and etiology of his lumbar spine disability.

The Board found no evidence of current disabilities related to the veteran's service, and thus denied his claims for service connection.

The veteran's claim for an increased evaluation of his service-connected back disability was granted, with a rating of 50 percent.

The Board denied service connection for a bilateral knee disorder and the claim for an increased rating of degenerative disc disease of the lumbosacral spine, as there was no evidence linking these conditions to service.

The Board has ordered the case to be remanded for additional development, including providing the veteran with VCAA notice and obtaining VA examinations. The claims for increased rating, service connection reopening, and secondary service connection will be reconsidered after these actions.

The veteran's minor children are receiving additional VA compensation for his service-connected disabilities. The veteran is not reasonably discharging his responsibility to support his minor children, and a general apportionment of the veteran's VA disability compensation in the amount of the additional disability compensation he receives for his minor children from November 29, 2002 is granted.