Back / lumbar spine decisions — 2002

The veteran's service-connected disabilities do not preclude him from performing substantially gainful employment.

The Board has determined that the veteran was unemployable as of July 3, 1996 and awarded TDIU benefits effective from that date. The effective date is set at July 3, 1996.

The Board found that the veteran's multiple joint disability, including arthritis of the neck and low back, degenerative disc disease of the low back, and stenosis of the neck, was not incurred in or aggravated during service. The Board also noted that there is no evidence connecting these disabilities to service.

The Board found that the veteran's low back disorder did not manifest during his active duty service or for many years after his discharge, and is not otherwise related to his military service. As a result, the claim for service connection was denied.

The VA has determined that the veteran's asthma and lumbar spine disability do not warrant higher initial ratings.

The Board has denied the veteran's claim for service connection for penile pain, claimed as residuals of a circumcision performed in service. The issue of whether new and material evidence has been submitted to reopen his low back disorder claim is currently under review.

The veteran's PTSD is rated at 50 percent since March 26, 1996. The low back disability claim has been reopened but no rating assigned yet.

The Board denied service connection for the veteran's claimed low back disability, foot fungus, rhinitis, sinusitis, headache disorder (claimed as secondary to service-connected ear disabilities), labyrinthitis (secondary to service-connected ear disabilities), fatigue due to an undiagnosed illness, and hypertension. The veteran's anxiety neurosis and PTSD were granted a 50 percent evaluation.

The Board found that the veteran's defective vision and headaches were not incurred in or aggravated by active service, nor are they proximately due to or the result of a service-connected disability. The preponderance of evidence is against these claims.

The Board has granted an increased rating of 60 percent for the veteran's service-connected low back disability and has also granted service connection for PTSD based on new evidence submitted by the veteran.

The Board has reopened the veteran's claims for service connection for low back disability and right leg disability (claimed as right hip and sacro-iliac disability) based on new and material evidence. The veteran's claim is now considered on its merits.

The Board denied an increased rating for the veteran's service-connected low back disability, currently rated at 60 percent.

The Board denied the veteran's claims for service connection for multiple joint arthritis and a higher evaluation for his lumbosacral spine disorder, finding that there was no evidence of such conditions in service or within one year post-service. The Board also found that the current disability did not warrant an evaluation in excess of 20 percent.

The veteran's cervical and lumbar spine disabilities have been rated at 20 percent since March 1, 1994. The Board found that the evidence does not support a higher rating based on the severity of the conditions.

The Board denied the veteran's claims for increased ratings for his low back disability, finding that the evidence did not meet the schedular criteria for a higher rating.

The Board found that the veteran's left hip disorder is not proximately due to or the result of his service-connected right knee disorder.

The Board denied the veteran's claims for service connection for a back disorder and an effective date earlier than January 6, 1994, for his plantar wart of the left foot. The Board found that there was no evidence to support these claims.

The Board denied service connection for a left knee disorder and a back disorder, as well as increased ratings for post-operative residuals of a shell fragment wound to the right ankle and a compensable rating for fractures to the fifth metatarsal right foot.

The Board denied an increased evaluation for the veteran's low back disability, currently rated at 40 percent. The evidence did not support a higher rating based on limitation of motion or other criteria.

The Board found that the veteran's current low back disability is not related to his service, and thus denied his claim for service connection.