Back / lumbar spine decisions — 2002

The Board denied the veteran's claims for service connection for a left knee disorder, right knee disorder, and low back disorder. The decision also noted that new and material evidence had not been presented to reopen these claims.

The veteran's claim for an increased rating for his service-connected back disability was denied in January 1988, and the effective date of a 40 percent rating was assigned on June 25, 2001. The Board upheld this decision in March 1985, but the RO reduced it to 20 percent in March 1983. The veteran's claim for an earlier effective date is denied as there is no legal basis for awarding a rating prior to June 1983.

The veteran's claim for a higher rating for his service-connected low back disability was granted, with an initial rating of 10 percent, which was later increased to 20 percent effective June 6, 2000.

The veteran's attorney requested a hearing before the RO, and the Board is remanding the case for such a hearing. The claims of reopening service connection for cervical spine degenerative disc disease and increasing the rating for lumbar spine degenerative disc disease with disc bulging are also being remanded.

The Board has determined that the veteran's post-traumatic degenerative joint disease of the lumbosacral and thoracic spine, right shoulder degenerative joint disease, and bilateral hearing loss are related to his military service. Service connection is granted for these conditions.

The Board has remanded the case for further action, including scheduling a video conference hearing.

The veteran's appeal was dismissed because the Substantive Appeal was not filed within the required time frame.

The veteran's cervical spine arthritis is rated at 10 percent.,Separate ratings of 10 percent each are assigned for the left shoulder, right hip, and left knee. The lumbar spine is rated at 20 percent.,A 10 percent rating is granted for the left hip from March 15, 1996 to December 11, 1996.,The veteran's right hip is rated at 20 percent effective from March 15, 1996.,For the period from March 15, 1996 to January 31, 2000, separate ratings of 10 percent are assigned for arthritis and impairment in both knees. For the period from February 1, 2000 forward, a rating of 20 percent is assigned for arthritis.,The veteran's left knee has been rated at 10 percent since March 15, 1996.,For the period from March 15, 1996 to January 31, 2000, a rating of 10 percent is assigned for arthritis and impairment in both knees. For the period from February 1, 2000 forward, a rating of 20 percent is assigned for arthritis.

The Board has determined that new and material evidence has been presented to reopen the veteran's claim for service connection for a back disorder, which was previously denied in October 1991. The reopened claim is now being reviewed on its merits.

The Board granted an increased evaluation of 60 percent for postoperative residuals of degenerative disc disease (DDD) of the lumbar spine with lumbar strain, effective April 8, 1996. The grant of a TDIU was also confirmed and assigned an effective date of April 8, 1996.

The Board dismissed the appeal as there is no justiciable case or controversy currently before it.

The veteran does not have a cervical spine or low back disability that is service-connected.

The Board denied the veteran's claims for service connection for degenerative disc disease of the cervical spine and left knee disorder with arthritis, finding that there was no evidence to support these claims.

The veteran's claim for special monthly pension based on need for regular aid and attendance or at the housebound rate was denied as he does not meet the criteria for either benefit due to his overall condition, which is not one of helplessness requiring the aid and attendance of another person.

The Board denied the veteran's claims for service connection for a back disorder, including arthritis; skin cancer; and prostate cancer, all of which were secondary to exposure to ionizing radiation. The Board found that there was no evidence linking these conditions to his period of active service.

The veteran's disabilities, including anxiety neurosis with dizzy spells and defective vision, require the aid and attendance of another person to protect him from daily hazards. As a result, he is entitled to special monthly pension at the aid and attendance rate.

The Board has determined that the veteran does not have a current disability for which service connection can be granted, and therefore, denied all claims.

The veteran's current disabilities, including a bilateral leg condition, back disorder, loss of anal and bladder control, and a nervous condition, were caused by schistosomiasis contracted from swimming in endemic waters. The June 1990 VA surgery did not cause or worsen these conditions.

The veteran's service-connected mechanical low back pain is evaluated at a 10 percent rating since the initial grant of service connection.

The Board has determined that the veteran's service-connected cervical spine strain, lumbosacral strain, and gastroesophageal reflux disease do not warrant a higher rating as their manifestations are currently no more than moderate or slight.