Back / lumbar spine decisions — 2002

The Board has determined that the veteran did not submit new and material evidence to reopen his claim for service connection for a low back disability, resulting in a denial of this request.

The Board has granted a 50 percent rating for the veteran's service-connected lumbar disc degeneration from July 18, 2001. The effective date remains pending as it is not specified in this decision.

The Board denied service connection for tinnitus, nicotine dependence, a back condition, and a respiratory condition as secondary to nicotine dependence acquired in service. The Board also denied service connection for a respiratory condition, to include as a result of asbestos exposure.,Service connection was not granted for any of the conditions listed.

The veteran's statutory period of eligibility for vocational rehabilitation under Chapter 31 has expired, and the criteria for extension of that period for purposes of retroactive induction into a vocational rehabilitation training program for payment of a Juris Doctor degree are not met.

The veteran's nonservice-connected disabilities, including right knee degenerative arthritis, cervical and lumbar spinal stenosis with degenerative joint disease, tension headaches, bilateral hearing loss, hemorrhoids, and alcohol dependence, do not render him unemployable due to his back and neck problems. His combined evaluation is 30 percent.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection of a back disability, which was previously denied in May 1975. The reopened claim will be addressed further.

The Board has granted a 60 percent rating for the veteran's low back disability with herniated disc, which is the highest schedular rating available under DC 5293. The decision also notes that the veteran's claim for total disability due to individual unemployability (TDIU) has been referred to the RO.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of service connection for degenerative disc disease and degenerative joint disease of the lumbar spine secondary to his service-connected bilateral knee disability. The Board finds that these conditions are proximately due to or the result of his service-connected knee disability.

The Board denied the veteran's claims for increased evaluations for his service-connected nephrolithiasis, duodenal ulcer, and lumbar strain. The evidence did not meet the criteria for higher ratings under the applicable rating codes.

The veteran's claims for higher ratings for various service-connected conditions have been granted, with the highest rating of 20 percent assigned for his left shoulder disability.

The Board has determined that the veteran's lumbosacral strain with secondary paravertebral fibromyositis warrants a rating of 40 percent, which is higher than his current 20 percent rating.

The Board denied both claims for service connection and an increased evaluation for lumbosacral strain, finding that the veteran's residuals of laminectomy and spinal fusion for herniated discs at L4-L5 were not caused by or aggravated by his service-connected lumbosacral strain.

The Board denied the veteran's claims of service connection for cervical, lumbar, and thoracic spine disabilities due to a lack of new and material evidence. The RO also found that these conditions were not incurred or aggravated by service.

The Board has denied the veteran's claims for service connection for TMJ pain, elevated white blood cell count, visual defect, arthritis of the lumbar spine, and right shoulder condition as new and material evidence was not submitted to reopen these claims.

The Board denied service connection for a cervical spine disability, finding no evidence linking the condition to service or any other presumptive basis.

The Board has determined that the veteran's lumbar spine, bilateral hips, and right knee disorders are not proximately due to or aggravated by his service-connected left knee disability. The evaluations for carpal tunnel syndrome fracture of the wrist with carpal tunnel syndrome and fracture of the wrist with degenerative arthritis have also been denied.

The veteran's PTSD is rated at 100 percent disabling, and he has additional disabilities that independently rate at 60 percent or more. He is not in need of regular aid and attendance but is substantially confined to his dwelling due to multiple service-connected disabilities.

The Board denied the veteran's claim for service connection as his back disorder/Pott's disease/spinal tuberculosis was not present during or within one year after his period of service.

The Board denied service connection for the veteran's claimed conditions, finding that they were not related to his military service or a service-connected disability.

The Board has determined that the veteran's service-connected residuals of a compression fracture of L1 and degenerative joint disease do not warrant an increased evaluation beyond the current 20 percent rating.