Back / lumbar spine decisions — 2007

The veteran's service-connected degenerative joint disease and degenerative disc disease of the lumbar spine are evaluated at a compensable (10%) initial evaluation.

The Board has granted service connection for a back disability, finding that the condition is related to service without relying on any presumption or new evidence.

The Board has decided that the claim for service connection for lumbar spine disc disease and degenerative changes needs further development due to missing Social Security Administration records.

The Board denied the veteran's claim for a rating in excess of 20 percent for lumbar spondylolysis, finding that the evidence did not meet the criteria for such an increase.

The Board is remanding the case for further development and review, including scheduling a VA examination to determine the nature and etiology of the veteran's back disability. The issues on appeal include service connection for various disabilities.

The Board has remanded the claims for further development and consideration, including obtaining additional medical records and arranging for a VA examination.

The veteran's appeal is being remanded for a Travel Board hearing. The issues of service connection for psychiatric disorders, low back disability, and skin rash are pending.

The Board has granted a higher initial rating for PTSD from October 14, 1999. The claim for service connection for the back disability is reopened and it is determined that the veteran's current degenerative disc disease of the lumbar spine is due to an in-service injury.

The Board found that the veteran does not meet the criteria for special monthly pension based on need of regular aid and attendance due to his various disabilities, as he is able to care for himself and protect himself from hazards in his environment.

The VA Board of Veterans' Appeals found that the veteran's current low back disability is not related to his military service.

The veteran's claim for a rating in excess of 10 percent for degenerative disc disease, L5-S1 prior to May 17, 2000 was denied. The current rating of 10 percent is appropriate and there is no basis for an increased rating.

The Board denied increased ratings for the veteran's low back and left ankle disabilities, as well as entitlement to total disability rating based on individual unemployability due to service-connected disabilities.

The Board has determined that the veteran's current back disorder is not related to his service and has denied his claim for service connection.

The Board has determined that the evidence submitted after September 1998 is not new and material, thus denying the veteran's requests to reopen his claims of entitlement to service connection for right knee and lumbar spine disabilities.

The veteran's claim for an initial evaluation in excess of 10 percent for service-connected lumbar disc disease is being remanded due to the need for additional VA examination and consideration.

The Board has determined that the veteran's low back and left leg disabilities are not service-connected, as there is no evidence of chronic disability during or immediately following service. The VA examiner found that any current symptoms are more likely related to post-service activities.

The RO remanded the case due to new evidence submitted by the veteran and a need for additional examination.

The Board found that the veteran's avascular necrosis of the left hip, gouty arthritis and lateral meniscal tear status post partial lateral meniscectomy of the left knee, degenerative disc disease of the lumbar spine, and umbilical hernia are not service-connected. The claims were denied as secondary to his service-connected left varicocele ligation.

The veteran's claims for service connection for various joint disabilities, including ankylosing spondylitis and its associated symptoms such as right ankle, bilateral hip, lumbar spine, and cervical spine disabilities, are being remanded due to the need for further examination by a rheumatologist.

The Board has determined that it is not factually ascertainable that the veteran met the criteria for a combined 70 percent evaluation for service-connected disabilities within one year of his May 26, 2004 claim. Therefore, the effective date for the award of a combined 70 percent rating can be no earlier than May 26, 2004.