Back / lumbar spine decisions — 2007

The veteran is not eligible for special monthly pension based on the need for aid and attendance due to his mobility, but meets the qualifications for a housebound rate given his age and disability rating.

The veteran withdrew his appeals for the issues of whether new and material evidence has been submitted to reopen service connection claims for low back pain, stomach condition, and entitlement to a compensable disability rating for hemorrhoids.

The Board denied service connection for low back, left knee, and right knee disorders due to a lack of evidence showing these conditions were incurred or aggravated by military service.,There is no clear evidence that the veteran's current low back, left knee, or right knee conditions are related to his military service.

The veteran's esophagus disorder is presumed to be due to herbicide exposure in Vietnam. Service connection for a neck disorder, back disorder, heart disorder, stomach disorder, and hypertension is denied as new and material evidence has not been received to reopen these claims.

The veteran's claim for an increased evaluation of his low back disability was denied. The issue regarding reopening the cervical spine disorder claim has been reopened, but there is no evidence to support service connection. There is also no clear and unmistakable error found in the September 1974 rating decision denying service connection for a low back disability.

The Board has denied service connection for a herniated nucleus pulposus of the lumbar spine with radiation to the lower extremities, but granted service connection for a left ankle disorder.

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

The VA denied an increased initial evaluation for degenerative disc disease of the lumbar spine, currently rated at 10 percent.

The Board has ordered the case to be remanded for further development and readjudication, including consideration of new evidence submitted by the veteran.

The Board found that new and material evidence had not been presented to reopen the claims for service connection of a back disability and left knee disability. However, it was noted that new evidence related to hypertension, skin disorder, hemorrhoids, eye disability, and dental injury affecting teeth 7 and 8 has been submitted.

The Board found no evidence of a nexus between the veteran's current conditions and his service, thus denying all claims for service connection.

The Board has determined that the veteran's low back condition is service-connected as it was incurred in service. The right medial collateral ligament sprain and left knee injury are not service-connected.

The Board has remanded the case for additional development due to incomplete records and further examination.

The Board granted service connection for PTSD and denied an initial evaluation in excess of 10 percent for the low back disability prior to May 5, 2005. However, it granted a rating of 20 percent beginning on May 5, 2005.

The Board has scheduled the veteran for a Travel Board hearing to address his claims of service connection for post-traumatic stress disorder and low back disability. The case will be returned to the Board after the hearing.

The veteran's fatal congestive heart failure and coronary artery disease were not caused by or substantially contributed to by a service-connected disability. The Board denied the claim for service connection for the cause of death.

The veteran's claims for service connection are remanded due to the need for further medical examination and opinion regarding the etiology of his lumbar spine condition, fungal infection of the hands and feet, and gastroesophageal reflux disease.

The Board denied service connection for lumbar spine fracture at L4-L5, bilateral hearing loss, and residuals of an amputation of the tip of right ring finger. The veteran's current conditions are not related to his military service.

The veteran's appeal is remanded due to deficiencies in the most recent VA examination, specifically regarding range of motion testing and functional loss. A new VA examination is required.

The veteran was granted individual unemployability from October 31, 2001. The attorney is entitled to payment of attorneys fees based on this decision.