Back / lumbar spine decisions — 2002

The Board denied the veteran's claim of service connection for a back disorder, finding that his current symptoms are due to a pre-existing condition and not related to his military service.

The Board found that the veteran's low back disorder was not caused or aggravated by a service-connected disability, specifically his rib resection and amputation of part of the left scapula.

The Board of Veterans' Appeals has determined that the appellant's current mild lumbosacral strain is due to a back injury sustained in military service, and thus grants service connection for this condition.

The veteran's claims for service connection for pes planus, heel and ankle spurs, right hip disorder, and back disorder were denied as they are not considered to be incurred or aggravated by his military service.

The Board determined that the appellant does not have a current back disorder and that if so, it is insufficient to link the disorder to any incident of military service. The right ankle disorder was also found to be unrelated to service.

The VA denied the veteran's claim for a higher disability rating for his service-connected degenerative disc disease of the lumbosacral spine, currently rated at 20 percent.

The veteran's service-connected conditions have resulted in a loss of use of both lower extremities, warranting special monthly compensation and eligibility for financial assistance in purchasing an automobile or adaptive equipment. He is also eligible for specially adapted housing assistance.

The Board has granted a rating of 60 percent for the veteran's service-connected low back disorder, which is the maximum schedular evaluation available.

The veteran's low back disorder and gastroesophageal reflux disease were first shown during active military service, warranting service connection for these conditions.

The Board granted an increased evaluation for the appellant's service-connected left knee disability to a 60 percent rating and denied his claim for an initial disability rating in excess of 60 percent for spondylolisthesis and degenerative joint disease of the lumbosacral spine.

The Board of Veterans' Appeals denied the veteran's claim for service connection for a low back condition, finding that there was no evidence to support a link between his current condition and his military service.

The veteran's service-connected disabilities do not meet the criteria for SMC based on need for regular aid and attendance or being housebound.

The veteran's combined disability rating was sufficient to qualify for TDIU benefits as of March 17, 1994. His claim was granted with an effective date of March 17, 1995.

The Board denied the veteran's claims for higher evaluations for his low back and right knee disabilities, as well as his claim for a total compensation rating based on individual unemployability.

The Board denied the veteran's claims for increased evaluations for his lumbosacral strain with degenerative disc disease and residuals of a right hemicolectomy/volvulus with spastic colitis and psychophysiologic gastrointestinal condition, finding that the evidence did not meet the criteria for an evaluation in excess of 20 percent or 30 percent, respectively.

The veteran's service-connected disabilities do not preclude him from obtaining and retaining all forms of substantially gainful employment, thus his claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is denied.

The veteran is precluded from performing all forms of substantially gainful employment due to his service-connected dysthymia and degenerative disc disease at T12-L1, L4-5 and L5-S1.

The Board found that the veteran's fibrocystic breast disease was not incurred in service and is not related to her period of service. The low back disorder, including degenerative joint disease (arthritis), was not manifested until many years after service and is not due to or aggravated by a service-connected fracture of the left tibia.

The Board denied service connection for a back disability, concluding that there is no competent medical evidence linking the current condition to any incident of military service.

The Board has determined that the veteran's pre-existing right ankle condition was aggravated by service, and granted service connection for synovitis and arthritis of the right ankle. The veteran is also rated as having a hiatal hernia, bilateral otitis media, left knee disorder, and lower back disorder.