Back / lumbar spine decisions — 2010

The Veteran's disabilities do not meet the criteria for special monthly pension based on need for aid and attendance or housebound status.

The Board found no evidence of a low back disorder in service or related to the Veteran's service-connected left great toe disability, and thus denied the claim for service connection.

The Veteran's claims for service connection are being remanded due to the need for additional VA examinations.

The Board has determined that the decision to deny purchase of a 'Total Gym' for home use as part of an outpatient physical therapy plan is not within its jurisdiction and thus dismisses the appeal.

The Board remanded the case for re-adjudication of the issue on appeal, which was to determine whether new and material evidence had been submitted to reopen the claim of service connection for a back disorder. The RO did not properly re-adjudicate this issue but instead continued to consider it as a claim to reopen.

The Veteran's claims for increased disability ratings and service connection were denied. The cervical spine condition was not found to warrant a rating higher than 10 percent, the low back disability with degenerative disc disease did not meet criteria for a higher evaluation, ureterolithiasis was rated at 10 percent prior to March 14, 2001 and above 10 percent thereafter, plantar fasciitis and heel spur of the right foot were rated as non-compensable, and hypertension was not found to be service-connected.

The Veteran's osteoarthritis of the thoracic and lumbar spine with kyphosis is found to be related to his period of active service.

The Veteran's claim for an increased rating for his service-connected back disability was denied because he failed to cooperate in scheduling a VA examination, resulting in the examination not being possible.

The Board has remanded the case due to incomplete service records and outstanding SSA records. The Veteran's claim for service connection for a low back disability will be reconsidered after obtaining these records and scheduling a VA examination.

The Veteran's claim for TDIU is being remanded due to the need for additional medical examination and review of his employment history.

The Board has reopened the Veteran's claims of entitlement to service connection for a low back disability, right ankle disability, bilateral knee disabilities, and hypertension. The evidence received since the August 2000 rating decision is new and material with respect to these issues.

The Board has remanded the case due to the need for additional evidence and a VA examination.

The Board has denied the Veteran's claims for service connection for a back disability and a neck disability, finding that there is no current disability related to these conditions. The Veteran did not have any treatment for these disabilities in service or after separation from active duty.

The Board has remanded the case due to conflicting reports and a need for further examination.

The Veteran's low back disability has been rated at 20 percent, the maximum schedular rating for degenerative arthritis of the lumbar spine. The VA examiner found that his range of motion was limited to 45 degrees in flexion and 20 degrees in extension, with no incapacitating episodes within the past year.

The Veteran's lumbar spine disability was granted with a rating of 40 percent, hypertension and right knee patellofemoral syndrome were each granted with a rating of 10 percent.

The Veteran's claim for a higher evaluation for his service-connected low back disability is granted, with a rating of 20 percent effective February 10, 2004. The claim for service connection for chronic fatigue syndrome remains pending.

The Board has determined that the Veteran's low back disorder is related to his service-connected left knee disability, and thus grants service connection for this condition.

The Board has determined that the January 2003 rating decision contained clear and unmistakable error in denying service connection for interstitial lung disease. The September 1994 rating decision did not contain CUE, as it correctly applied the applicable statutory and regulatory provisions at the time. Service connection for low back disorder is granted based on direct evidence of a link to military service.

The Veteran's service-connected hypertension, right lower extremity radiculopathy, and lumbosacral degenerative disc disease have been granted. The hypertension is rated at zero percent; the right lower extremity radiculopathy at ten percent before August 20, 2007 and twenty percent after that date; and the lumbosacral degenerative disc disease at twenty percent effective July 6, 2009.