Back / lumbar spine decisions — 2002

The Board denied the veteran's claims for service connection for various conditions, including residuals of a cold injury to the ears, cheeks, and temples, post-traumatic stress disorder (PTSD), nicotine dependence, chronic obstructive pulmonary disease (COPD) secondary to nicotine dependence, testicular disorder, residuals of an eye injury, low back disorder, and gastrointestinal disorder. The Board found no current disability for the claimed ear condition.

The Board denied the veteran's claims for service connection of a low back disorder and an initial evaluation in excess of 30 percent for PTSD. The decision found that new evidence submitted since the May 1959 rating decision did not meet the criteria to reopen the claim for service connection.

The veteran's claim of service connection for a psychiatric disorder, including psychosis, has been reopened and is granted. The claim of entitlement to a compensable disability rating for hemorrhoids remains denied.

The Board found that a chronic lumbar disorder was not present during service and arthritis of the lumbosacral spine was not manifest within one year after separation from service. The Board concluded that the veteran's current low back disorder did not begin in or is not related to his military service.

The Board found that the veteran's peripheral vascular disease was not proximately due to, the result of, or aggravated by his service-connected high blood pressure. The claim for an evaluation in excess of 10 percent for low back strain is pending and will be addressed in a separate remand.

The veteran's service-connected intermittent transient large bowel obstruction, status post colostomy is rated at 10 percent. Service connection for sciatic nerve involvement and paresthesia of the right foot are granted as secondary to his service-connected gunshot wounds.

The veteran's nonservice-connected disabilities, including his right eye disorder and degenerative joint diseases of the lumbar and cervical spines, prevent him from working. However, he is not found to be permanently and totally disabled due to these conditions.

The Board has determined that the veteran's low back disorder is related to his military service and granted service connection for this condition.

The veteran's degenerative disc disease of the lumbar spine is currently rated at 20 percent, and no higher rating is warranted based on current evidence.

The Board has determined that the current 20 percent rating for the veteran's service-connected back disability adequately reflects the severity of his condition.

The veteran is seeking an increased evaluation for his service-connected low back disability, which he argues includes degenerative disc problems. The RO needs to obtain updated medical records and schedule the veteran for a special VA orthopedic and neurological examination to determine the nature and severity of his disability.

The Board has remanded the case for further development and consideration of service connection claims related to Agent Orange exposure, including hypertension, coronary artery disease, a back disability, and skin conditions. The claim for PTSD remains pending.

The Board dismissed the claim for an increased rating for low back strain due to lack of jurisdiction. The claim of service connection for PTSD was reopened based on new and material evidence, but the Board found that the veteran did not meet the requirements for service connection under the old regulations. The effective date for the 10 percent rating for low back strain remains September 6, 1991.

The Board has reopened the veteran's claim for service connection for a back disability due to new and material evidence submitted, but remanded for further development.

The Board found that the veteran's degenerative disc disease of the lumbar spine does not warrant a rating higher than 20 percent, as his disability is characterized by moderate limitation of motion and no severe or pronounced intervertebral disc syndrome.

The veteran's headaches are currently rated as 10%, and his cervical spine disability is rated at 10%. The lumbosacral strain with diffuse degenerative changes has been increased to 40% since May 4, 1998. However, the headaches have not met criteria for a higher rating prior to September 23, 2000.

The VA examiner found no evidence linking the current degenerative disc disease of the lumbar spine to service, including a back injury in Vietnam. The veteran's history and medical records did not support a finding that his current condition was related to military service.

The Board has determined that there is no evidence of a low back disorder during service or prior to 1971, and the veteran's current account of an in-service injury is not credible. Therefore, the claim for service connection for a low back disorder must be denied.

The Board denied the veteran's claims for increased ratings for his lumbosacral spine condition and migraine headaches, finding that the current evaluations of 20 percent were appropriate based on the severity of his symptoms and functional impairment.

The Board denied the veteran's claims for service connection for a low back disability and an eye disorder, finding no new and material evidence to reopen the low back claim and concluding that there is insufficient medical evidence linking the current eye disorders to active service.