Back / lumbar spine decisions — 2013

The Veteran's claim for a higher rating for her lumbar spine disability was denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable VA rating criteria.

The Board has remanded the case for additional development, including obtaining VA treatment records and providing a new VA examination. The Veteran's claim of service connection for a low back disability is being considered.

The Board found no evidence of a current low back disability related to active service and denied the Veteran's claim for service connection.

The Veteran's appeal is being remanded due to the retirement of the VLJ who conducted his hearing. He has requested a new hearing before a different VLJ.

The Board has remanded the case for additional development, including obtaining medical records from Dr. Penner and clarifying whether the Veteran wants a Travel Board hearing.

The Veteran's service-connected low back disability, right wrist fracture, and left hip scar were denied increased ratings. The Veteran did not seek service connection for bronchial asthma.

The Veteran's claims for bilateral knee pain and low back pain, both claimed as joint or muscle pain respectively, were denied due to lack of evidence linking these conditions to service. The claim for neurologic signs and symptoms was also denied.

The Veteran's bilateral hearing loss is rated at 30 percent, which is the maximum schedular rating available. The claims for service connection of residuals of a coccyx injury and low back disorder were denied as they did not meet the criteria for direct service connection.

The Board has denied the Veteran's claims for service connection for loss of control of bodily function, diabetes mellitus, and myofacial cervical and lumbar spine syndrome. The decision found that there was no direct relationship between these conditions and the Veteran's service-connected disabilities.

The Veteran's claim for a higher rating for his low back disability was denied. The Board found that the evidence did not meet the criteria for an increased rating under any applicable diagnostic codes.

The Board has granted an effective date of February 20, 2003 for the total disability rating based on individual unemployability due to service-connected disabilities.

The Veteran's degenerative intervertebral disc disease of the lumbar spine does not meet or approximate the criteria for a higher initial rating than the currently assigned 20 percent evaluation.

The Board has determined that the Veteran's low back disorder, diagnosed as lumbar degenerative joint disease and lumbar degenerative disc disease, is at least 50% likely to have originated during his military service.

The Board has reopened the Veteran's claim of service connection for a right knee disorder. The VA is now required to schedule the Veteran for an examination to determine the nature and likely etiology of any current right knee, low back, right hip, and right thigh disorders.

The Board finds that the Veteran's claims for effective dates earlier than July 15, 1991 for service connection are not warranted as there is no indication of a pending claim prior to this date.

The Veteran is granted special monthly compensation based on the need for aid and attendance due to his service-connected disabilities.

The Board has determined that additional development is needed for the issues of service connection for a back disability and PTSD, including an issuance of a Statement of the Case (SOC) for the increased evaluation issue.

The Board has reopened the Veteran's claims for service connection for right shoulder and back disabilities, to include as secondary to service-connected knee disabilities. However, no new evidence was received within one year of the August 2005 rating decision that would establish a current disability or link it to service.

The Veteran's service-connected conditions have rendered him in need of regular aid and attendance, requiring assistance with daily activities such as dressing, grooming, bathing, preparing meals, managing medications, toileting, transfers, and attending to the needs of nature. The Board has granted SMC based on the need for regular aid and attendance.

The reduction of the Veteran's chronic low back strain disability rating from 40 percent to 20 percent was proper based on recent VA examinations showing improvement in his condition.