Back / lumbar spine decisions — 2001

The veteran's service-connected lumbar spine disability is severe and has prevented him from obtaining substantially gainful employment. The Board finds that the veteran should be awarded TDIU under 38 C.F.R. § 4.16(b) due to his chronic and severe lumbar spine disability.

The veteran's application for a total disability rating based on individual unemployability (TDIU) was denied due to the presence of other factors, including his own decision to leave his employment. However, he received Social Security Administration (SSA) disability benefits which supported his claim.

The Board denied reopening the veteran's claims for service connection due to lack of new and material evidence.

The veteran's service connection claims for PTSD, a cyst of the right side of the neck, gastroenteritis, an eye disorder, a plantar wart, an injury of the foot, a skin rash, blisters of the hands, and right wrist injury are all granted.

The Board denied the veteran's claims of entitlement to service connection for hypertension and back disability, finding that new and material evidence had not been presented to reopen the hypertension claim.

The Board has determined that the veteran's left knee disability does not warrant a rating in excess of 30 percent, and her low back disorder is not service-connected as secondary to her knee disabilities.

The Board denied the veteran's claim for service connection for a chronic acquired back disorder, finding that the preponderance of evidence was against his claim.

The Board found no current disability in the claimed conditions and denied service connection for all issues.

The veteran's claims for increased ratings for his degenerative changes of the lumbosacral spine and left shoulder have been granted, with a rating of 20 percent effective October 24, 1995. The claim for an increased rating for arthritis of multiple joints remains in appellate status.

The veteran's motion for revision of a prior Board decision on grounds of CUE is dismissed without prejudice.

The Board denied the veteran's claim for service connection for a low back disorder, finding no evidence of an in-service injury and no current disability related to service.

The veteran's appeal has been withdrawn before the Board could make a decision. The issues of entitlement to automobile and adaptive equipment, an earlier effective date for service connection, and temporary total disability rating have not proceeded.

The Board has determined that the appellant's low back disability warrants a 40 percent evaluation, which is the highest rating available under Diagnostic Code 5293 for intervertebral disc syndrome. The evidence does not support a higher rating as there is no pronounced level of disability required for a 60 percent rating.

The veteran contends that his low back disability is related to service. The RO has requested additional medical evidence and will conduct a VA examination to determine the nature and etiology of the veteran's back disability.

The Board found no clear and unmistakable error (CUE) in the RO's August 1973 decision that denied service connection for a herniated lumbar disc, but did not consider the issue of back disability. The veteran is still seeking to reopen his claim for service connection.

The Board denied service connection for thoracic spine and low back disorders as not well grounded. The Court affirmed the denial of these claims, but remanded the issue of special monthly compensation for loss of use of a creative organ.

The Board has denied the veteran's claims for increased ratings for his service-connected right foot callosity, bilateral knee disorders, and lumbar spine disability. The veteran is currently receiving the maximum available rating for his right knee and left knee disabilities.

The veteran's service-connected low back disability is rated at 20 percent, representing slight limitation of motion. The Board found that the veteran's symptoms include pain and fatigue, which justify a higher rating than the current 10 percent.

The VA denied the veteran's claim for an evaluation in excess of 20 percent for his chronic muscular strain of the low back, superimposed on degenerative instability.

The Board has determined that the evidence submitted since April 1996 is not new and material, thus denying the veteran's request to reopen his claim for service connection for a right hip disability with secondary right leg and low back disability.