Back / lumbar spine decisions — 2002

The veteran's claims for service connection were denied. The RO considered additional medical records but did not consider them in conjunction with the issues on appeal.

The Board has determined that the veteran's low back disability warrants a 40 percent rating based on severe limitation of motion, and denied service connection for a pinched nerve in her left leg.

The veteran's service-connected back disability, which includes a fracture at T12 and L3 vertebrae with lumbar disc disease and arthritis, is currently rated at 60 percent. The Board has now granted an increased rating to 70 percent effective from the date of the July 1999 decision.

The Board has dismissed the appeal as the issue of an earlier effective date for a TDIU rating is moot due to the restoration of the TDIU rating.

The veteran's claimed disabilities are not service connected due to lack of evidence showing they were incurred or aggravated during his active duty in the Persian Gulf.

The Board has remanded the case due to issues related to increased ratings for service-connected disabilities and a claim for TDIU. The veteran's service-connected conditions include arthritis of the lumbar spine, hips, shoulders, ulcerative colitis, bilateral hearing loss, and an umbilical hernia.

The Board has determined that the veteran's current disabilities, including arthritis of the knees, hips, and lumbar spine, are causally related to his military service. As such, service connection is granted for these conditions.

The Board has granted a 60 percent disability rating for the veteran's service-connected syringohydromelia/syrinx with thoracic muscle strain and low back pain, resolving doubt in favor of the veteran.

The Board has restored the veteran's rating for his service-connected back disorder from 60% to 50%, effective July 1, 1982. The TDIU rating was also reinstated as of June 22, 1989.

The Board denied the veteran's claims for service connection for otitis externa, degenerative arthritis of the lumbar spine with narrowing of the disc space at L5-S1, and multiple joint pain of the left and right knees, left ankle, and right hip.

The Board has determined that the veteran's low back, respiratory, and hypertension disabilities are not related to his military service.

The VA determined that the veteran's lumbosacral strain does not warrant a rating higher than 20 percent, as his symptoms do not meet the criteria for more severe disability.

The veteran's TDIU rating was granted effective December 15, 1994. Service connection for a low back disability was established and rated at 60 percent effective the same date. The right knee disability received an increased rating to 10 percent in November 1996. The veteran's loss of use claim and adaptive equipment request were denied.

The Board has determined that the veteran's service-connected lumbosacral strain does not warrant a disability rating in excess of 20 percent.

The Board has determined that the veteran does not have a current chronic low back disability and therefore, service connection for this condition is denied.

The Board has denied the veteran's claims for service connection for a stomach condition, peptic ulcer disease, hiatal hernia, and low back disability as new and material evidence was not presented to reopen these claims.

The Board has determined that the submitted evidence is not new and material, thus denying the veteran's claim to reopen his service connection for a back disability.

The Board denied the veteran's claim for Total Disability Rating Based on Individual Unemployability (TDIU) for the period before July 23, 1998 due to lack of evidence showing he was unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claims for service connection on a direct basis for cervical spine disability, numbness of the hands, lumbar spine disability, and thoracic spine disability. The appeals are granted.

The veteran's claims for increased ratings and service connection were denied. The TDIU claim was granted with a 20% rating.