Back / lumbar spine decisions — 2002

The Board has granted increased ratings for back strain and cervical spine arthritis, as well as service connection for these conditions. The appellant's claims for pes planus and plantar warts were reopened and granted.

The Board has granted service connection for the veteran's back disability, including scoliosis and degenerative disc disease.

The veteran's right shoulder injury, along with other conditions like hypertension and back pain, prevents him from engaging in substantially gainful employment due to his service-connected disabilities.

The veteran's service-connected disabilities do not render him helpless or so nearly helpless as to require the regular aid and attendance of another person, nor does he have a permanent housebound condition due to disability.

The Board has found that new and material evidence has been presented to reopen the veteran's claim of service connection for degenerative disc disease of the lumbosacral spine.

The Board denied the veteran's claims for service connection for urethritis, spondylolysis of the lumbar spine, a disability manifested by fatigue with nausea and vomiting, and seizure disorder as secondary to Reiter's syndrome. The claim for increased evaluation of Reiter's syndrome was granted with an effective date of 2002.

The Board denied the veteran's claims for service connection for neuropathy/carpal tunnel syndrome, a low back disorder, and bilateral knee disorder. The claim for bilateral foot disorder was not well grounded as it was not related to any other condition already granted.

The Board has reopened the claim of service connection for a back disorder, as new and material evidence has been submitted since the final September 1994 rating decision.

The Board has determined that the veteran's post-traumatic stress disorder is related to his service in Vietnam, and his back disorder may be presumed due to his combat experience. The veteran's claims for these conditions are granted.

The Board denied the veteran's claims for increased disability ratings for his service-connected low back strain and post-traumatic stress disorder with major depression, finding that the evidence did not support a higher rating under applicable diagnostic criteria.

The Board has determined that the veteran's service-connected left knee disability warrants a 20 percent evaluation, and his service-connected lower back disorder warrants a 40 percent evaluation.

The veteran's claim for a higher rating for his low back disability was denied, and the TDIU claim was also denied. The RO found that the current 40 percent rating adequately reflects the severity of the veteran's condition.

The Board found no evidence of a chronic low back disability during service or within one year post-service, and concluded that any current low back condition is not related to the veteran's military service.

The Board has determined that the veteran's low back and bilateral hip disabilities were not incurred or aggravated by service, nor are they otherwise related to such service. The veteran's scar is rated as noncompensable under Diagnostic Codes 7806, 7819.

The veteran's service-connected mechanical lower back pain and right below the knee amputation were both granted increased ratings, with the back disability receiving a 40 percent rating effective from May 31, 1994.

The Board denied service connection for a back disorder, left lower leg injury, and TMJD. The veteran does not have any current disabilities related to these issues.

The veteran's chronic disabilities, including a psychiatric condition, cervical spine disorder, lumbosacral spine disorder, eye disorder, and headaches, meet the schedular requirements for non-service-connected pension purposes. The Board finds that he is permanently and totally disabled for VA pension purposes.

The Board's April 1998 decision denying service connection for a back disorder was vacated by the Court, and thus the Board does not have jurisdiction to adjudicate the motion for revision on CUE.

The VA determined that the veteran's current low back disorder is not related to his military service.

The Board denied an evaluation in excess of 40 percent for lumbosacral strain with degenerative disc disease and a continued 10 percent evaluation for duodenal ulcer with irritable colon.