Back / lumbar spine decisions — 2002

The VA determined that the appellant's degenerative joint disease of the lumbosacral spine warrants a 40 percent evaluation, which is already at its maximum under the applicable rating criteria.

The Board denied the veteran's claims for service connection for glaucoma and degenerative disc disease, as well as his increased ratings for gouty arthritis and gastritis with history of duodenal ulcer. The evidence did not support a finding that these conditions were related to military service.

The veteran's back disability, characterized as lumbosacral strain, is currently rated at 40 percent effective October 6, 1999.

The Board has granted a 60% evaluation for lumbosacral strain with degenerative joint and disc disease, effective as of the date of this decision. The veteran's service-connected disability is also found to meet the criteria for a TDIU rating.

The appellant's disabilities, including a right foot disability rated at 30 percent and a low back disability, are of sufficient severity to preclude him from obtaining and retaining substantially gainful employment. Therefore, the appeal is granted as the appellant meets the criteria for a permanent and total disability rating for pension purposes.

The Board denied the veteran's claims of service connection for a back disorder and bilateral knee disorder, as well as entitlement to compensable evaluations for right and left shoulder disorders.

The veteran's death was due to nonservice-connected causes, and he had a pending claim for VA pension benefits. The RO failed to obtain the necessary medical records, which violated the Veterans Claims Assistance Act of 2000 (VCAA). As a result, his widow is entitled to a nonservice-connected burial allowance.

The Board has determined that the veteran's low back disability, diagnosed as degenerative joint disease of the lumbosacral spine, is service-connected. However, there is no evidence of a current left kidney disability and the right kidney cyst was considered to be incurred in service.

The veteran's claim for earlier effective date of May 30, 2000 for special monthly pension based on housebound status was granted. The decision also confirmed his entitlement to special monthly pension based on the need for regular aid and attendance as of February 4, 1997.

The Board denied a higher rating for the veteran's low back disability, finding that it has been manifested primarily by radiological findings of L4-5 spondylolisthesis with degenerative changes and limitation of motion due to pain, which produced no more than moderate functional impairment since November 1997.

The Board has granted a 60 percent rating for the veteran's lumbosacral spine disability and a 30 percent rating for his left femur fracture with shortening and associated left hip disability.

The Board found that the veteran's low back disorder was not incurred or aggravated during active military service and denied his claim for service connection.

The Board has reopened the veteran's claims for service connection for low back disability and foot disability.

The Board denied the veteran's claim for service connection for low back pain, finding that there is no competent medical evidence showing a relationship between his current low back pain and his period of active service.

The veteran's claim for Service Disabled Veterans Insurance was denied because the application was not filed within one year of the grant of service connection, which in this case occurred in May 1981.

The Board has determined that new and material evidence was submitted to reopen the veteran's claims for service connection for chronic low back disorder and chronic right knee disorder. The claims are granted as both conditions were found to be related to incidents in service, though arthritis of these areas is not presumed due to a lack of continuity or evidence showing onset during service.

The Board denied service connection for a low back disability and an increased evaluation for the right thigh shrapnel fragment wound residuals, finding that there was no evidence linking these conditions to military service.

The Board found that the veteran's current back disorder was not incurred or aggravated in service and is not related to his military activities, including parachute jumps. The VA examiner concluded that the veteran's back problems were due to normal wear and tear of physical activities post-service.

The Board has granted the appellant's claim for special monthly pension (SMP) by reason of needing the regular aid and attendance of another individual, finding that he is unable to protect himself from daily hazards due to severe mental incapacity. The housebound rate appeal was dismissed as moot since a greater benefit had already been granted.

The Board found that the veteran's current back, lung, and bilateral hearing loss disorders were first manifested many years after service in the 1990s and are unrelated to any incident of service origin.