Back / lumbar spine decisions — 2002

The Board denied an evaluation in excess of 20 percent for the service-connected back disorder, for purposes of accrued benefits.

The veteran's death was not due to VA hospital care, or medical or surgical treatment.

The veteran's claims for PTSD, an acquired psychiatric disorder, defective vision of the left eye, and a chronic back disorder were all denied. The claim for service connection for a left wrist disorder was also denied.

The Board has determined that the veteran's back disorder, including degenerative joint disease, arthrosis, and spinal stenosis, was not incurred or aggravated by service. The VA examiner concluded that there is no evidence of a nexus between the veteran's in-service injury and his current back disability.

The VA determined that the veteran does not meet the criteria for special monthly pension based on the need for regular aid and attendance or at the housebound rate due to his disabilities.

The veteran's low back strain is rated at 40 percent, and his gout with arthritis of the great toes is rated at 30 percent.,The veteran's hypertension is rated at 10 percent.,For the period prior to December 11, 2000, the veteran's right ankle, left ankle, right hip, left hip, right great toe, and left great toe are each rated at 40 percent combined. Beginning December 11, 2000, his right ankle is rated at 30 percent, left ankle at 20 percent, right hip at 10 percent, left hip at 10 percent, right great toe at 10 percent, and left great toe at 10 percent.,The veteran's TDIU claim prior to December 11, 2000 is granted.,The veteran's pension purposes claim is dismissed as moot due to the grant of a TDIU.

The Board denied service connection for low back and bilateral knee disorders due to a lack of evidence showing these conditions were incurred during active service or are otherwise related to military service.

The Board has determined that the veteran's service-connected low back strain warrants a noncompensable evaluation (0 percent) based on slight subjective symptoms, including occasional pain and an inability to lift heavy objects.

The Board denied the veteran's claims for increased disability ratings for left shoulder impingement syndrome, residuals of a left wrist fracture, and recurrent lumbosacral strain.

The Board dismissed the appeal due to the lack of a timely filed substantive appeal for the issues of entitlement to service connection for right shoulder disorder, left ring finger disorder, skin rash, and back disorder.

The veteran's appeal has been dismissed due to his death. The issues of service connection for a back disability and hearing loss have not been decided as the appeal is now moot.

The veteran's service-connected cervical and lumbar spine disabilities have been rated at 20 percent each since May 1997. The RO has now increased the rating for cervical spine disability to 30 percent effective December 1996, based on severe intervertebral disc syndrome with intermittent relief.

The veteran's headaches are related to his service-connected cervical spine sprain disability. However, there is no evidence of current disability due to compression fractures of T-11, T-12, and L-2 or arthritis of the thoracic spine and degenerative disc disease at L-2 that were incurred in service.

The Board denied the veteran's claims for service connection for arthritis of the lumbosacral spine and generalized arthritis, as well as his increased rating claims for hypertension, right knee chondromalacia with degenerative joint disease, left knee chondromalacia with degenerative joint disease, and instability. The veteran did not manifest these conditions during service or at any time thereafter.

The Board has determined that the veteran's low back disability does not warrant an evaluation in excess of 10 percent.

The Board denied the veteran's claim for service connection for a low back injury with degenerative changes, finding that there was no evidence of a chronic disability related to service and concluding that the current condition is not linked to any in-service event or occurrence.

The Board denied the veteran's claims for service connection for various conditions, including a back disorder, schizoaffective disorder, colon disorder, eye disorder, herbicide exposure residuals, and chronic lung disorder (to include COPD).

The Board denied the veteran's claims for an effective date earlier than December 22, 1997, for TDIU and earlier than August 17, 1998, for service connection of a psychiatric disorder.

The Board of Veterans' Appeals has determined that the veteran's current low back disability was not incurred or aggravated by active service and therefore denied his claim for service connection.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for a low back disorder, but not for residuals of a jaw injury. The veteran's initial claim for service connection was previously denied in July 1984 due to lack of evidence showing a current disability related to service. New evidence includes post-service treatment records and VA examination reports. However, this new evidence does not bear directly on the question of whether the low back disorder is etiologically related to service.