Back / lumbar spine Board decisions

The veteran's diabetes mellitus type II is presumed to have been incurred in service due to herbicide exposure. The effective date for PTSD service connection was granted retroactively to February 22, 2002, and the initial disability evaluation for PTSD was increased to 50 percent from May 31, 2003.

The Board has determined that the appellant's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and thus grants a total disability rating for compensation purposes based on individual unemployability.

The Board denied the applications to reopen previously denied claims of service connection for a psychiatric disorder, low back disorder, right and left knee disorders, cluster migraine headaches, and chronic fatigue. The evidence received since the previous decisions was not new and material.

The veteran's appeal is remanded due to procedural defects and additional development needs, including obtaining VA treatment records, scheduling orthopedic and scar examinations, and issuing a Statement of the Case if benefits cannot be granted.

The veteran's service-connected degenerative disc disease, status post T6 compression fracture, was granted a disability evaluation of 40 percent effective October 30, 2003.

The Board found that the appellant's low back disability was not incurred or aggravated by service and denied his claim for service connection.

The Board has determined that the veteran's bilateral ankle disorder and compression fracture of the lumbar spine are not related to service or any service-connected disability. The knee disorder is also unrelated to service or service-connected disability.

The veteran's claim for an increased disability evaluation for service-connected chronic low back pain is being remanded due to the need for additional development, including a VA orthopedic examination to determine whether current spine symptoms are attributable to his service-connected low back strain or post-service injury.

The Board has granted a full grant of the benefit sought as to the low back claim, finding that the veteran's chronic low back strain and degenerative arthritis are related to his service-connected left ankle disorder. The increased rating for residuals of a fracture of the left lateral malleolus remains at issue.

The Board has determined that the veteran's currently diagnosed low back disorder was incurred in active service and granted service connection for this condition. The claim of entitlement to an increased evaluation for post concussion syndrome with headaches remains pending.

The veteran's right hip injury residuals and low back pain syndrome have been rated, with the right hip receiving a 30 percent rating since December 15, 2003. The low back pain syndrome remains at 20 percent.

The Board has determined that the veteran's hearing loss and degenerative changes of the lumbar spine are not related to service, thus denying his claims for service connection.

The veteran's back disorder is related to his service-connected left tibia fracture. Impotence is not related to any service-connected condition. The other conditions are either not directly related to service or have no evidence of exposure to known risk factors.

The Board found no clear and unmistakable error in the June 1997 rating decision that granted a total disability rating based on individual unemployability, effective June 28, 1996. The November 1997 rating decision was also considered final as it did not assign an earlier effective date for the grant of a total disability rating due to service-connected disabilities.

The veteran's claims for service connection for PTSD, bilateral hearing loss and tinnitus were granted. He was also granted initial evaluations of 10 percent for Type II diabetes mellitus, peripheral neuropathy of the right lower extremity, and peripheral neuropathy of the left lower extremity, effective from January 4, 2001 (diabetes mellitus) and October 23, 2001 (peripheral neuropathy of each lower extremity), respectively. The veteran's claim for a TDIU was denied.

The Board has found that the veteran's current lumbosacral spine disability originated during active service and granted service connection for this condition. The decision on scoliosis of the thoracic spine is pending as it was not addressed in detail.

The Board has remanded the case for further development, including obtaining complete reserve component records and scheduling a VA examination to determine if any current left knee or low back disabilities are secondary to or aggravated by the veteran's service-connected right knee disability.

The Board found that the veteran's low back disorder, manifested as spondylolisthesis and degenerative disc disease, is not due to a disease or injury incurred in service. The Board concluded that any pre-existing condition was not aggravated by service.

The appellant claims service connection for low back injury, right hip condition, and left shoulder disorder. The RO has remanded the case due to the need for a VA examination.

The Board has granted service connection for a low back disability and assigned a 20 percent rating. The veteran's claims for increased ratings for bilateral hearing loss and tinnitus were denied.