Back / lumbar spine decisions — 2007

The veteran's claim for service connection for malaria was denied. The RO granted service connection for filariasis, post-traumatic headaches, and degenerative joint and disc disease of the lumbosacral spine with initial ratings in excess of 10 percent. A 40% rating is assigned for degenerative joint and disc disease of the lumbosacral spine effective October 19, 2005.

The Board finds that the veteran's cervical spine disorder is not service-connected and denied his claim. The NOD regarding the denial of a higher rating for lumbar spine disability was timely filed.

The Board has determined that the veteran's lumbar spine disorder and right hip disorder are service-connected, with no compensable evaluation assigned.

The veteran's appeal is being remanded for additional development, including obtaining SSA records and a VA orthopedic examination.

The Board has granted service connection for the veteran's back disorder and finds that his current colon condition is not due to or aggravated by his service-connected back disability.

The Board has determined that the veteran meets the criteria for special monthly pension based on his need for regular aid and attendance, as evidenced by his inability to perform many daily functions unassisted.

The Board has granted service connection for low back and bilateral knee disabilities, with a 20 percent rating assigned for the low back disability.

The Board has determined that new and material evidence has been submitted to reopen the claims for service connection for bilateral hearing loss and residuals of a low back injury. However, the evidence does not establish current disabilities as defined by VA standards.

The veteran is seeking service connection for scoliosis with right thoracic and left lumbar curvature, which he claims is related to his gunshot wound of the left thigh. The VA has ordered additional development including obtaining private medical records and scheduling a VA orthopedic examination.

The Board has remanded the case for additional development, including a new VA examination and consideration of certain evidence. The veteran's claims for service connection and increased ratings are pending.

The Board has remanded the case for further development, including obtaining Social Security Administration records and considering them in their decision.

The Board denied the claim for secondary service connection for a back disability, finding that the most persuasive medical opinion evidence established that the veteran's current back disability is not related to his service-connected bilateral knee disability.

The veteran's service-connected low back disability warrants initial staged ratings of 10 percent prior to January 31, 2005, and 20 percent from that date; a rating in excess of 20 percent is not warranted for any period of time during the appeal period.

The claim for an increased rating for a low back disability is being remanded due to inadequate neurological examination findings.

The Board has granted the appellant's request to reopen his claims of service connection for back disability and diabetes mellitus, finding new and material evidence that suggests a continuity of symptomatology since service. The appellant maintains that his current conditions are related to exposure to Agent Orange during military service.

The veteran is seeking service connection for various conditions, including PTSD, hip and back disorders, as well as numbness in his hands and feet. The case has been remanded to obtain additional medical records, determine the nature of any current diagnoses, and provide VA examinations.

The Board has denied the veteran's claims for service connection for a back disability and a chest disability, finding no current evidence of such disabilities resulting from his in-service injuries.

The Board found that the veteran's low back disorder was not incurred in or aggravated by active service and denied his claim for service connection.

The Board denied service connection for depression and a rating in excess of 20 percent for degenerative disc disease of the lumbar spine. The veteran's depression was not established, and her low back disability did not meet criteria for a higher rating prior to August 23, 2006, but from that date she is entitled to a 40 percent rating.

The Board has determined that the veteran's left shoulder, cervical spine, and knee disabilities are not service-connected. The lumbar spine disability is granted with a rating of 10 percent from July 22, 1999 to December 18, 2002; 20 percent from December 19, 2002 to April 19, 2004; and 60 percent thereafter. The veteran's frostbite of the feet is rated as 20 percent disabling for each foot.