Back / lumbar spine decisions — 2008

The Board has determined that new and material evidence was not received to reopen the veteran's claim for service connection of a chronic low back disorder. The Board also found no evidence linking the veteran's current degenerative arthritis of the cervical spine to his active military service.

The veteran's bilateral knee, left shoulder, and low back disabilities are found to be secondary to his service-connected right ankle disability.

The veteran's claims for service connection for right knee, back, and left shoulder disabilities are being remanded to the RO for additional development of VA medical records.

The veteran's appeal is being remanded for further evaluation of his employment status and the impact of his service-connected disabilities on his ability to work. The case will be returned to the Board once this information has been obtained.

The Board denied an increased rating for the veteran's low back disability and left hip disability, as well as her claim for service connection for sinusitis.,An effective date prior to June 17, 2002 was not granted for a compensable low back disability.

The veteran's appeal is remanded due to the need for proper VCAA notice prior to initial adjudication.

The Board has determined that the veteran does not have PTSD, an acquired psychiatric disorder (other than PTSD), a back condition, a right wrist disorder, a right ankle disorder, a right knee disorder, or a right shoulder disorder as a result of his service. The claims for these conditions are therefore denied.

The Board has determined that the veteran's PTSD is attributable to service, and his low back disorder was not incurred in or aggravated by service. The claim for a low back disorder is denied as there is no evidence of arthritis manifesting within one year of separation from service.

The Board dismissed the appeal as there was no specific error of fact or law identified by the attorney.

The Board found no evidence of a chronic disability resulting from an undiagnosed illness, and denied service connection for multiple joint problems/pain, cervical spine pain, and lumbar spine pain.

The Board has determined that the veteran does not have a current back or neck disorder that is causally related to his military service, including as due to an undiagnosed illness.

The Board denied reopening the veteran's claims for service connection for gout and a low back disability, finding that new evidence did not relate to an unestablished fact necessary to substantiate the claim.

The veteran's appeals for increased ratings for bilateral hearing loss and low back strain, as well as compensation under 38 U.S.C.A. § 1151 for nerve damage and numbness to the face, ear and head, have been withdrawn.

The Board denied the veteran's claim for a rating in excess of 10 percent for his lumbar spine disability, finding that the evidence did not meet the criteria for such an increase.

The veteran's service-connected disabilities have rendered him unable to independently perform daily functions of self-care and protect himself from the hazards and dangers incident to his daily environment, warranting special monthly compensation based on need for regular aid and attendance starting September 28, 2005.

The Board has determined that the veteran's lumbosacral strain is at least as likely as not related to her active service, and therefore grants her claim for service connection.

The veteran's low back disability was rated at 10 percent prior to June 11, 2004 and increased to 60 percent from that date due to pronounced intervertebral disc syndrome.

The Board has granted service connection for hypertension, finding that it was first manifested in service and is the result of a disease or injury incurred in service. The veteran's other claims are addressed in the REMAND portion.

The Board has determined that the veteran does not have a right knee disability or a low back disability that was incurred during service. The VA examiner concluded that any current low back disability is more likely due to post-service motor vehicle accidents, and not related to service.

The Board has determined that the veteran's service-connected low back disability does not warrant a higher rating, as it is currently evaluated at 20 percent.