Back / lumbar spine decisions — 2002

The veteran's degenerative disc disease, cervical spine injury residuals is rated at 40 percent disabling. The court of service connection for his shoulder condition was granted.

The Board denied the appellant's claims for increased rating, service connection for hypertension and stomach disability secondary to her service-connected lumbosacral strain, service connection for an acquired psychiatric disability (major depressive disorder or generalized anxiety disorder) secondary to her service-connected lumbosacral strain, and a total rating based on individual unemployability. The Board found that the evidence did not support these claims.

The Board denied the veteran's claim for special monthly compensation (SMC) based on loss of use of the right foot, finding that there was no loss of use of the right foot due to his service-connected low back disability.

The Board denied service connection for degenerative disc disease as secondary to the veteran's service-connected fracture of left transverse process at L2 and also denied a compensable disability rating for the same condition.

The Board denied the veteran's claim for service connection for a chronic back disability, finding that there was no evidence of a causal relationship between his current back disorder and service.

The Board finds that the veteran's pursuit of education was not medically infeasible during his 10-year period of eligibility, and thus extension of his educational assistance benefits is denied.

The Board found that the veteran's preexisting cervical and lumbar spine disabilities with degenerative disc disease were not aggravated by active service.

The Board denied an earlier effective date for a 100 percent evaluation for the veteran's service-connected somatoform pain disorder with residuals of low back pain, finding that there was not clear and unmistakable error in prior decisions and no evidence of unemployability prior to November 9, 1992.

The veteran's claim for a higher rating for her service-connected lumbosacral strain is being remanded due to the need for additional development, including obtaining medical records and scheduling an examination.

The veteran's PTSD is rated at 70 percent, but not higher. The service-connected lumbosacral spine disability has been rated as zero percent since October 18, 1961, and the RO determined that it does not warrant a total (100%) rating.

The veteran's claim for an increased rating for his service-connected right foot fracture was granted. However, the claim for service connection of a low back disorder secondary to his right foot condition was denied.

The Board denied secondary service connection for right ankle, left heel, low back, and hip disorders as not well grounded. The claim for a higher rating for the right knee disability was also denied.

The veteran's claims for earlier effective dates for his service-connected back disability and total disability rating based on unemployability were granted, with the effective date for the increased rating being November 22, 1994, and the effective date for TDIU being December 13, 1994.

The Board has granted service connection for post poliomyelitis syndrome of the right leg and secondary service connection for lumbar stenosis syndrome and carpal tunnel syndrome of the left wrist. The veteran's residuals of poliomyelitis of the right upper extremity are currently rated at 50 percent.

The Board denied an increased disability rating for the veteran's service-connected degenerative joint disease of the lumbar and thoracic spine, currently rated at 40 percent.

The Board denied service connection for skin keratosis and tinea pedis, COPD, arteriosclerotic vascular disease and residuals of stroke, a back disorder, and an affective disorder all claimed as due to herbicide exposure in Vietnam.

The appellant's combined rating for his ratable disabilities is 30 percent, which is sufficient to meet the criteria for a permanent and total disability rating for pension purposes.

The Board granted an increased rating to 40 percent for the veteran's service-connected lumbosacral strain with degenerative changes, and denied a higher rating on an extraschedular basis. The right leg disability was also granted an increased schedular rating of 30 percent.

The Board has determined that the veteran's low back disability warrants a rating of 40 percent, effective July 5, 1996. The dorsal spine disorder is rated at 10 percent since September 24, 1997.

The Board has determined that the veteran's lumbosacral strain warrants a rating of 40 percent, effective from when his claim was received in July 1997. The Board also found that extra-schedular consideration is warranted for this disability.