Back / lumbar spine decisions — 2002

The Board has reopened the veteran's claim for service connection for a low back disability and granted it. The issue of peripheral neuropathy secondary to exposure to Agent Orange was withdrawn by the appellant prior to a decision.

The veteran's TDIU claim was denied as he did not meet the schedular criteria for a grant of TDIU prior to March 5, 2001. The effective date is set at March 5, 2001.

The Board denied the veteran's claims of service connection for back disability and bilateral knee disability, finding that new and material evidence had not been submitted to reopen his claim for back disability. The Board also found no current evidence linking the veteran's bilateral knee disability to service.

The Board has determined that the veteran does not have a current left knee or low back disability, and therefore cannot establish service connection for these conditions.

The VA denied the veteran's claim for service connection of a low back disorder, finding no etiological relationship between his current condition and his active military service.

The Board has granted the veteran's claim of service connection for a low back disorder, including lumbar disc herniation and degenerative joint disease of the lumbosacral spine. The decision finds that his current back condition is at least as likely as not caused by his service-connected bilateral knee disability.

The Board denied the appellant's claims for service connection for hypertension, sinusitis, and a low back condition, finding that there was no evidence linking these conditions to his military service.

The veteran's claims of service connection for right leg injury, hearing loss, and low back disability were denied. The RO found that new and material evidence had not been submitted to reopen the claims.

The Board found that the veteran's low back disability was not incurred in or aggravated by active service and denied his claim.

The Board denied the veteran's claims for increased ratings and service connection, finding no evidence of a nexus between her current conditions and active duty service.

The Board found no evidence of a direct link between the veteran's back disorder and his service, nor did it find that the right knee disorder caused or aggravated the back disorder. The claim for secondary service connection was therefore denied.

The Board denied the veteran's claims for service connection for low back disability, arthritis of the right hand, and arthritis of the left hand due to a lack of evidence of current disabilities.

The Board has determined that the veteran's back disability was not incurred or aggravated during his active service, and it is less than likely related to exposure to herbicides. As a result, the claim for service connection for back disability is denied.

The Board denied service connection for low back disorder and headaches, finding no chronicity of symptoms in service or post-service. The veteran's current conditions were not related to any injury or disease during his active duty service.

The Board has denied the veteran's claims for service connection for right shoulder disability, headaches, and right thumb, 3rd and 5th fingers disability. The Board also found that there is no evidence of a current right shoulder disability or headache disorder within one year of discharge.

The Board has determined that the criteria for a permanent combined 60 percent rating are not met, as the veteran's service-connected disabilities may improve with treatment and do not have a static or permanent nature.

The veteran's disabilities do not render him unable to care for most of his daily needs without requiring Aid and Attendance (A&A), nor are they housebound in fact. Therefore, the claim for special monthly pension based on A&A or housebound status is denied.

The VA determined that the veteran's thoracolumbar scoliosis, which causes moderate limitation of motion, warrants a 30 percent rating.

The Board has determined that the veteran's low back disability is manifested by symptomatology analogous to severe intervertebral disc syndrome, and granted an increased rating to 40 percent for service-connected postoperative lumbar laminectomy with degenerative changes.