Back / lumbar spine decisions — 2009

The Board has granted special monthly pension for the surviving spouse at the housebound rate, but denied aid and attendance based on need for regular aid and assistance.

The veteran's PTSD has been restored to a 70 percent evaluation, effective May 1, 2007. The Board also found that the veteran is entitled to TDIU due to his service-connected disabilities.

The Veteran's claim for an increased rating for his post-operative residuals of degenerative disc disease of the lumbosacral spine was denied as there is no legal merit or lack of entitlement under the law. His claim for an earlier effective date for the assignment of a higher rating also failed due to absence of legal merit or lack of entitlement under the law.

The Board has remanded the case due to failure to request private medical records from four identified physicians. The Veteran is required to provide information and authorization for these records.

The Veteran's claim for an initially compensable evaluation for status post fusion scars, midline low back and posterosuperior iliac crest associated with degenerative disc disease of the lumbosacral spine status post plates with screws at L4-5 and L5-S1 was denied. The Board also found that service connection for PTSD, a bilateral hip disorder, and a bilateral knee disorder is not warranted as secondary to a service-connected low back disability.

The Veteran's right knee disability including DJD and chronic low back disorder are granted as service connected.

The Board is remanding the case to the RO for further development and readjudication, including providing proper VCAA notice and scheduling a VA examination to reassess the severity of the Veteran's service-connected low back disability.

The Board found that the Veteran's back disorder pre-existed service and was not aggravated beyond its natural progression during service. Therefore, the claim for service connection is denied.

The Veteran's claim for compensation under the provisions of Title 38, United States Code, � 1151 for degenerative disc disease of the cervical spine with radiculopathy is being remanded due to a need for further development and consideration.

The Veteran's service-connected lumbar spine disorder and left lower extremity sciatica have been rated based on their current manifestations. The initial rating of 10 percent for the lumbar spine prior to January 24, 2009 has been maintained, while a higher 20 percent rating is granted effective from that date. The Veteran's left lower extremity sciatica remains at 20 percent.

The Board denied the Veteran's claims for service connection for back disability, hypertension, and sarcoidosis. The evidence did not support a finding of in-service disease or injury that resulted in these conditions.

The Board found that the Veteran's right hip disorder, bilateral hearing loss, and low back disorder were not incurred or aggravated by active service. The preponderance of evidence did not support a finding that these conditions existed prior to service or were related to service.

The Board denied reopening the Veteran's claim for service connection for a back disability, finding that new and material evidence had not been submitted.

The Board has denied the Veteran's claims for service connection for diabetes mellitus type 2, hepatitis C, and low back disability. The appeals are dismissed.

The Veteran seeks service connection for a low back disorder, which he claims was incurred during his military service. The Board notes that the Veteran has provided evidence of in-service complaints and treatment related to his back pain but also acknowledges the lack of post-service medical records prior to 2001. The case is being remanded for further development including an examination and review of VA treatment records.

The Board denied the Veteran's claims for service connection for degenerative changes of the lumbar spine, an initial compensable rating for bilateral hearing loss, and a higher rating for tinnitus.

The Veteran's claims for higher initial ratings and reopening of service connection claims were denied. The Board found that the evidence did not meet the criteria for a rating above the assigned levels or reopen any of the previously denied claims.

The Veteran's claims for service connection for various hip and knee disabilities, as well as schizophrenia, were denied. The evidence submitted since the final decisions did not raise a reasonable possibility of substantiating these claims.

The Board has determined that the Veteran's current lower back disability is not related to his period of service and thus denied his claim for service connection.