Back / lumbar spine decisions — 2000

The Board has granted a retroactive disability evaluation of 20 percent for the veteran's service-connected degenerative changes of the lumbar spine, effective from November 15, 1968.

The Board finds that there is not a reasonable possibility of valid claims concerning whether the veteran's acquired psychiatric disorder, chronic low back disability, and hypertension were incurred in or aggravated by service.

The Board found that the veteran's disabilities do not meet the criteria for a higher rate of pension based on the need for regular aid and attendance or at the housebound rate.

The Board denied the veteran's claims for an increased evaluation for his service-connected low back pain syndrome and denied service connection for lumbar spine facet degenerative changes with bilateral sciatic neuropathy, finding that the current symptoms were not caused by his service-connected disability.

The veteran's appeal is being remanded for further development, including a spine examination to determine whether the service-connected low back strain aggravates or is aggravated by degenerative disc disease. The issue of service connection for degenerative disc disease will also be addressed.

The veteran's claim for a total rating based on individual unemployability (TRIU) is denied as his service-connected disabilities do not meet the legal threshold for such a rating.

The Board denied claims for service connection for an eye injury, residuals of rheumatic fever, and a low back disorder. The claim for a compensable evaluation for shrapnel wounds to the face was also denied.

The veteran's service-connected degenerative joint disease of the lumbar spine at L4-S1 is currently rated at 40 percent, which is the maximum schedular evaluation available for severe limitation of motion. The evidence does not meet the criteria for a higher rating under Diagnostic Code 5293 (for intervertebral disc syndrome) or any other applicable diagnostic codes.

The case is being remanded due to the need for additional development, including obtaining medical evidence from SSA and scheduling VA examinations.

The veteran is entitled to assistance in acquiring specially adapted housing due to his service-connected Môniére's disease, which precludes locomotion without assistive devices.

The Board has determined that the veteran's current post-operative lumbosacral spine disorder is not related to his military service and thus denied the claim for service connection.

The Board denied the veteran's claims for service connection for various conditions, including a psychiatric disorder, bilateral ankle disorder, left side injury, vision problems, throat problem, low back disorder, and flat feet. The evidence submitted did not meet the criteria to reopen these claims.

The Board has determined that there is no competent evidence of current disabilities for the claimed conditions, and thus the veteran's claims for service connection are not well grounded.

The Board has reopened the veteran's claim and found it well-grounded. Additional development is needed to determine if the low back disability is related to service.

The Board denied the veteran's claims for service connection for migraine headaches, chest pain (claimed as residual of fracture of the chest bone), hearing loss in right ear, scar on right upper eyelid (claimed as residual of head injury), and a back disorder including pain and numbness of legs. The appeals were based on direct evidence from service records.

The veteran's low back disorder, rated at 40 percent under DC 5292, does not meet the criteria for a permanent and total disability rating for pension purposes due to his age, education, and occupational history.

The veteran's nonservice-connected disabilities, including bronchial asthma and duodenal ulcer, do not meet the criteria for a permanent and total disability rating for pension purposes.

The VA denied an increased initial disability rating for the veteran's service-connected degenerative disc disease of the lumbar spine, as his condition does not meet the criteria for a higher evaluation.

The veteran's claims for increased ratings for his service-connected knee and back disabilities were denied. The RO assigned noncompensable disability ratings initially, which have now been increased to 10 percent effective December 1, 1997.

The veteran's claims for increased ratings and service connection were denied. The claim for an increased rating of left brachial plexus neuritis was granted, but the issue remains at a 20 percent disability rating since January 12, 1998. Service connection for a back disability is still pending.