Back / lumbar spine decisions — 2002

The Board denied the veteran's claims for service connection for chronic low back and cervical spine disorders, finding no evidence of a current disability related to his service-connected right knee disorder.

The veteran's disabilities do not meet the criteria for special monthly pension based on the need for regular aid and attendance.

The Board has determined that the veteran's lumbar arthralgia is service-connected, as evidenced by his treatment for lower back pain during and after service.

The Board has determined that the veteran's low back disability, characterized as degenerative disc disease at L3-4 with spondylolisthesis, more nearly approximates a level of impairment consistent with severe functional limitation due to pain. Therefore, the claim for an increased rating is granted and the veteran is now rated at 40 percent.

The Board has determined that the veteran's mechanical low back pain is related to service and grants service connection for this disability.

The veteran's claim for service connection for bipolar disorder is pending. The RO must obtain all relevant medical records and provide the veteran with a VA examination to assess his current low back and left shoulder disabilities, including their etiology and impact on his ability to work.

The Board denied service connection for scoliosis of the lumbar spine, a low back disorder, residuals of a right ankle fracture, a right thigh disorder, a right hip disorder and PTSD.

The Board denied the veteran's claims for increased ratings for her lumbosacral spine disability and left ulna and radius fracture, finding that the evidence did not support a higher rating under applicable VA regulations.

The VA determined that the veteran's low back disability was not incurred in service and denied his claim.

The veteran's major depression is rated at 100% since October 20, 1989. The effective date for TDIU benefits has been established as July 3, 1991.

The Board has denied the veteran's claims for service connection for labyrinthitis and lumbar strain. The claim for an increased rating for pes planus remains pending as the veteran failed to report for a scheduled VA examination.

The Board has granted increased ratings for the veteran's low back disability and left knee disabilities, but denied a compensable rating for his right knee disability.

The Board found that the veteran died from a self-inflicted gunshot wound to the head, and his death was due to depression caused by primary alcohol abuse disorder. The service connection for the cause of death is denied as there is no evidence linking the veteran's manic-depressive/bipolar disorder to his military service.

The Board found no evidence of a chronic back disorder in service or post-service, and denied the veteran's claim for service connection. The issue of automobile and adaptive equipment was also denied as the veteran did not meet eligibility criteria due to his existing service-connected disabilities.

The veteran's lumbar strain has been rated as 10 percent disabling effective February 25, 2000. Prior to that date, the disability was not compensable.

The Board found that new and material evidence had not been submitted to reopen the veteran's claim of entitlement to service connection for a back disorder. The current treatment records from Brooklyn VAMC do not provide sufficient evidence to link the veteran's current back disorder to his in-service injury.

The Board has granted the veteran's claim for nonservice-connected pension benefits, effective from July 20, 1998. The veteran's receipt of Social Security benefits based on old age, survivors' status or disability insurance is properly included as countable income in computation of his pension benefits.

The veteran's claim for service connection for degenerative arthritis of the cervical spine is moot as it has already been established. The issue of an increased rating for his lumbar spine disability remains unresolved.

The Board has determined that the veteran's current back disability, including arthritis, did not occur during service and is not related to his service-connected residuals of a fracture of the left tibia and fibula and/or residuals of a left total knee arthroplasty. The claim for direct service connection was denied.

The Board found that the veteran's degenerative disc disease of the lumbar spine is not proximately due to or the result of her service-connected lumbosacral strain.