Back / lumbar spine decisions — 2002

The Board found that the veteran's current low back disorder is not related to his service and denied his claim for service connection.

The Board found that the veteran's low back disability, classified as lumbosacral strain, does not warrant a rating higher than 20 percent.

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

The VA determined that the appellant's lumbar disc disease is currently rated at 40 percent, which is the maximum rating available for this condition. The appeal for a total disability rating based on individual unemployability was also denied.

The Board has determined that the veteran's low back disability did not preexist service and was not aggravated by service. As a result, the claim for service connection is denied.

The Board has dismissed the appellant's claims due to his failure to respond and cooperate with VA, including failing to report for scheduled examinations.

The Board has granted increased ratings for the veteran's right knee and left knee disabilities, but denied an increased rating for his low back disability. The head injury with headaches, ringing of the ears, and occasional double vision is rated at 10 percent.

The veteran's service-connected degenerative changes of the lumbar spine do not prevent him from securing and following substantially gainful employment.

The Board denied the veteran's claim for an increased rating for her service-connected low back disability, finding that the current evaluation of 10 percent was appropriate given the mild limitation of motion.

The Board denied service connection for low back disability and arthritis of the cervical spine as secondary to service connected uninhibited neurogenic bladder.

The Board has determined that the veteran's degenerative joint disease of the lumbar spine is proximately due to or aggravated by his service-connected fracture of the left metatarsal. The claim for an increased rating in excess of 10 percent for the fracture of the left metatarsal is granted.

The Board found that the appellant did not timely file a substantive appeal for his claims, and thus lacks jurisdiction to consider them.

The Board dismissed the appellant's appeal regarding his claim of service connection for an eye disorder as he withdrew it.,The Board denied the appellant's request to reopen his low back disorder claim, finding that new and material evidence had not been submitted.,The appellant was granted service connection for 'teeth problems' secondary to medications taken for his service-connected disabilities.,The Board denied an increased evaluation for his bilateral knee disability.

The Board denied the veteran's claims for increased ratings and TDIU, finding that her service-connected chronic lumbosacral strain with DJD warranted a 40% rating from October 24, 2000, but not higher. The veteran was also found to be unemployable due to her disability.

The Board determined that the veteran did not file an adequate substantive appeal for his claims of service connection and nonservice-connected pension benefits, thus dismissing these issues.

The Board denied the veteran's claims for service connection for a left shoulder disorder, arthritis, and back disorder. The appeal regarding memory loss was not addressed as it is no longer on appellate status due to a grant of pension benefits.

The Board has granted a 60 percent rating for the veteran's service-connected low back disability, effective November 22, 2001.

The veteran's cervicogenic headache syndrome is rated at 30 percent, gastritis with gastroesophageal reflux at 10 percent, and degenerative changes of the thoracic spine and cervical disc disease are each rated at 40 percent effective from August 24, 1999.

The Board has determined that the appellant's residuals of an injury to the lumbosacral spine are service-connected, as they were incurred during INACDUTRA on August 20, 1988.

The veteran's appeals for increased ratings for his service-connected herniated disc L2-3 with osteoarthritis, lumbar facets and obsessive compulsive disorder have been dismissed as he has withdrawn his appeals.