Back / lumbar spine decisions — 2001

The Board denied the veteran's claims for service connection for a vitreous floater of the right eye, refractive error, and a psychiatric disorder secondary to service-connected disabilities. The appeal was also denied for service connection for a dental condition.

The Board has determined that the veteran's current chronic thoracolumbar strain is a result of an injury sustained during active service in June 1992, and thus grants service connection for this condition.

The veteran seeks service connection for arthritis of the left knee and lumbar scoliosis, claiming these conditions are related to his service-connected left knee condition. The Board has ordered additional development including a VA examination.

The veteran's claim for an increased evaluation of his service-connected low back disorder is being remanded due to the need for additional evidence and examination.

The Board found no medical evidence showing a causal relationship between the veteran's back disability and his service-connected postoperative residuals of subtotal thyroidectomy for hyperthyroidism, thus denying both claims.

The Board has denied the veteran's claims for increased ratings for his cervical spine and low back disabilities, finding that the evidence does not support a higher evaluation based on current symptomatology.

The veteran's claim for a higher rating for migraine headaches has been granted. The Board found that the veteran experiences migraines three to five times per month, lasting from one to two days, and assigned a 30 percent disability rating.

The Board denied the veteran's claims of service connection for kidney stones, depression, and a back disorder due to lack of new and material evidence.

The veteran's claim for an increased rating for his lumbosacral spine disability was denied by the RO. The case is being remanded to ensure all necessary development has been completed and readjudicated.

The Board has determined that the veteran's lumbosacral strain with degenerative disc disease warrants a rating of 40 percent, but not higher. The evidence does not support an increase in disability rating beyond this level.

The Board has granted service connection for hypertension, secondary to the veteran's service-connected PTSD and orthopedic conditions. The effective date is not specified as it was a grant of service connection.

The Board has determined that the claim for service connection for a back disorder is not well grounded and requires additional development under the Veterans Claims Assistance Act of 2000.

The Board has denied the veteran's claims for service connection for low back pain, hearing loss, hypertension with renal impairment, and cardiac disease. The claim for a compensable disability rating for acneiform lesions, folliculitis, and pseudofolliculitis barbae was also denied.

The Board has determined that the veteran's lumbosacral spine arthritis, which is currently rated at 40 percent under Diagnostic Code 5292 for limitation of motion of the lumbar spine, meets the criteria for a 40 percent evaluation based on severe symptoms such as pain and limited motion. No additional manifestations not already contemplated in the rating are present.

The veteran's degenerative disc disease of the lumbosacral spine is currently rated at 40 percent, which is the maximum evaluation available for this condition.

The Board of Veterans' Appeals has determined that the veteran's lumbosacral radiculitis is related to his service and grants service connection for a chronic low back disability.

The Board has granted the veteran's claim for service connection for a back disability, other than scoliosis, on the basis of aggravation during active duty.

The Board denied the veteran's claim for service connection for a low back disorder, finding that there was no evidence showing a chronic acquired low back disorder in service or post-service. The Board also found that any current low back disorder is not causally related to his service-connected bilateral knee reconstructions.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claims of service connection for back and left knee disorders.

The veteran's service-connected disabilities continued to preclude him from securing or following a substantially gainful occupation, and the Board found that he was entitled to a total rating based on individual unemployability due to service-connected disabilities effective from December 21, 1948.