Back / lumbar spine decisions — 2002

The VA has granted a 60 percent initial evaluation for the veteran's postoperative residuals of herniated discs at L3-4 and L4-5 with lumbar spondylosis, which is the highest rating available under Diagnostic Code 5293.

The Board denied the veteran's claims for increased evaluations and effective dates, as well as her request to be represented by an attorney. The issues of service connection for a left ankle disability and entitlement to aid and attendance benefits were referred back to the RO.

The Board has granted service connection for a back disorder and increased ratings for scars of the mid-abdomen and right flank, both rated at 10 percent.

The Board found no evidence of a chronic low back disability related to service, and denied the claim for service connection. For the right knee bursitis, the Board determined that there was not enough evidence to support an increased rating beyond 10 percent.

The veteran's service-connected disabilities do not prevent him from securing and following substantially gainful employment.

The veteran's appeal is being remanded to the RO for scheduling a hearing before a Member of the Board at the RO. The case will then be returned to the Board.

The Board denied service connection for diabetes mellitus and a low back disorder, finding no evidence of such conditions in service or within one year after separation. The veteran's current conditions are not related to his military service.

The Board found that the low back disability existed prior to military service and was not aggravated by active duty.

The Board found that the veteran's postoperative status surgical fusion of lumbar spine with spondylosis of L5-S1 was not incurred in or aggravated during active service, and arthritis of the lumbar spine is not presumptively of service origin.

The Board denied increased ratings for low back strain and cervical disc bulge at C3-7, finding that the evidence did not support a rating greater than 10 percent.

The Board found that the veteran's overpayment of VA benefits was not against equity and good conscience, as his fault in creating the debt contributed to its creation. Recovery would not defeat the purpose of his compensation benefits, nor result in unjust enrichment or relinquishment of valuable rights.

The Board has determined that new and material evidence has been submitted to reopen the previously denied claim of entitlement to service connection for a low back disorder as secondary to service-connected pes planus. The Board is now considering whether service connection can be established on this de novo basis.

The veteran's current vertigo is of service origin, but his herniated lumbar disc is not.,The Board finds that the veteran's dizziness and vertigo began inservice and was related to an ENT condition. The low back disorder, however, did not manifest within one year of discharge.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for a low back disability as secondary to his service-connected right femur fracture. Additional development is required before the merits of this issue can be decided.

The Board denied service connection for multiple conditions claimed as due to an undiagnosed illness, finding that the veteran's current disabilities are not related to his military service.

The Board finds that the veteran's current low back disability is not related to his active service, and thus denies his claim for service connection.

The Board denied the appellant's claims for increased ratings for lumbosacral strain with degenerative spurring at L3-4, tender scar from left ankle laceration, and residuals of a left foot injury (healed). The evaluations were found to be in accordance with the current schedular criteria.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied because the VA did not find that his back disorder resulted from VA treatment, and specifically noted that he had fallen at home shortly after discharge following surgery.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for low back disability. The veteran's chronic low back disability, including degenerative disc disease at L4 to L5 and L5 to S1, was incurred in active duty. However, there is no clear indication of entitlement to an increased rating for tension headaches.

The veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation.