Back / lumbar spine decisions — 2011

The Veteran's claim for an increased rating for his service-connected degenerative disc disease of the lumbar spine was denied by the Board, with a final determination that he is not entitled to a higher initial rating than 60 percent.

The Board found that the Veteran's back disability did not have onset in service and is not otherwise etiologically related to service, thus denying his claim for service connection.

The Board denied the Veteran's request to reopen his previously denied claim for service connection of a low back disorder, finding that new and material evidence had not been presented.

Service connection for low back strain and right knee strain has been reopened due to the submission of new evidence that relates to an unestablished fact necessary to substantiate the claims.,The Veteran's service-connected left knee disability may be aggravating his low back and right knee disabilities.

The Veteran's income exceeded the maximum annual pension rate (MAPR) prior to September 2007, but as of that date his adjusted countable income did not exceed MAPR. Therefore, nonservice-connected VA pension benefits are granted as of September 2007.

The Veteran's appeal is denied as his service-connected left ankle sprain, left shoulder strain, cervical strain, and lumbar strain do not warrant a rating in excess of the currently assigned 10 percent ratings.

The Veteran's appeal is being remanded to the RO for scheduling a Travel Board hearing at his correct address of record. The issues are whether he should receive increased ratings for lumbosacral strain and right knee patellofemoral syndrome.

The Veteran's appeal is being remanded for additional development, including obtaining records of his national guard service and any more recent VA treatment records. The Board will then review the case with appropriate consideration of all evidence.

The Veteran's service-connected disabilities reasonably result in his requiring assistance with a number of his activities of daily living (ADLs) such as bathing and dressing, and he requires care or assistance on a regular basis to protect himself from hazards or dangers incident to his daily environment. The Board finds that the Veteran is unable to function in an appropriate manner without aid and assistance due to his service-connected disabilities and grants special monthly compensation based on need for aid and attendance.

The Board has determined that the Veteran's non-union of the inferior articular process on the left, third lumbar vertebra had its clinical onset in service and is related to active service. The current back disability is also found to be related to this pre-existing condition.

The Board has determined that the Veteran's service connection claim for a back disability must be remanded due to incomplete records and inadequate examination.

The Board has remanded the case for further development, including obtaining additional medical opinions and records. The Veteran's claims of service connection for a lower back disorder and PTSD based on an in-service personal assault are being reviewed.

The Board found that the Veteran's current low back disability is not causally or etiologically related to his service, and arthritis did not manifest within one year of his discharge from service.

The Veteran's claim for an earlier effective date for service connection for CTS in the right arm is denied.,The Veteran's claim for an earlier effective date for service connection for a scar associated with his right wrist disorder is granted, and assigned an effective date of January 30, 2002.,The Veteran's claim for an earlier effective date for service connection for left hip strain and the assignment of a 10% disability evaluation is denied.,The Veteran's claim for an earlier effective date for service connection for right shoulder/back disorder is denied.,The Veteran's claim for increased rating for CTS from May 7, 1997 to October 19, 2000 remains at a 30% disability evaluation.

The Veteran is seeking service connection for a low back disability that he claims is secondary to his service-connected right knee disability. The case has been remanded due to the need for additional medical opinions regarding the relationship between the claimed condition and the service-connected right knee.

The Board has denied the Veteran's claims for increased ratings and service connection, finding that new and material evidence was not received to reopen certain claims. The right knee condition claim is reopened but remains denied.

The Board finds that the Veteran's thoracolumbar spine disorder is as likely as not incurred in or aggravated by active service, and grants service connection.

The Veteran's osteoarthritis of the lumbar spine was not incurred in or aggravated by active service and is not proximately due to or aggravated by a service-connected disorder.

The Veteran's claim for a special home adaptation grant was denied as she did not meet the criteria for such assistance due to her service-connected disabilities. The Veteran has been granted other benefits, but still needs further VA examination and treatment records.

The Board denied the Veteran's request for an earlier effective date prior to May 11, 2007, for the grant of service connection for PTSD. The claims for service connection for back disorder, left shoulder disorder, and residuals of a head injury, as well as the TDIU claim are pending.