Back / lumbar spine decisions — 2002

The Board has granted a TDIU rating effective September 23, 2001, based on the combined service-connected disability ratings meeting the criteria for such a rating.

The VA denied the veteran's claim for a higher evaluation for his service-connected neck disability, finding that the evidence did not support a rating in excess of 40 percent.

The Board found that the appellant's pre-existing back condition was aggravated by a service injury, but did not establish new evidence to reopen his claim.

The Board has found new and material evidence to reopen the claim for service connection for a low back disorder, which was previously denied in March 1979 and April 1981. The veteran's statements and medical records from various doctors support this finding.

The VA determined that the veteran's service-connected low back injury residuals do not meet the criteria for a rating in excess of 20 percent.

The veteran's claim for an increased evaluation for low back strain was denied due to the lack of evidence showing a compensable level of disability. The current symptoms are attributed to intercurrent injuries and surgeries starting in 1961.

The Board has reopened the claim for service connection of a low back disorder due to new evidence submitted, but it is not established that this condition was incurred in or aggravated by military service.

The veteran's claims for service connection and increased rating for his back conditions were denied. The Board found that inflammatory polyarthritis was not incurred or aggravated in wartime service, and may not be presumed to have been incurred or aggravated in wartime service. For the traumatic arthritis of the lumbar spine, the criteria for a disability rating in excess of 10 percent have not been met.

The Board has determined that the veteran's service-connected disabilities render him unable to tend to basic self-care functions without regular assistance from another person, meeting the criteria for special monthly compensation based on need for aid and attendance.

The Board found that peripheral neuropathy was not incurred in or aggravated by the veteran's active duty service and denied his claim for service connection. The low back disability, rated as 50 percent disabling, was also denied an increased evaluation.

The Board denied service connection for a low back disorder, concluding that the veteran's current condition is not related to his in-service injury.

The Board denied both the veteran's increased evaluation for his lumbar spine disorder and a total rating for compensation purposes based on individual unemployability.

The VA denied increased ratings for service-connected low back injury and depressive disorder, with the maximum rating of 60 percent assigned for each condition.

The Board found that the veteran's current low back disability, diagnosed as L5-S1 herniated nucleus pulposus and lumbar fibromyositis, was not incurred in or aggravated by service.

The Board has determined that the reduction in the rating for the veteran's service-connected low back disorder from January 1, 2002 was proper and restored a 40 percent rating. The veteran is not entitled to an increased rating.

The Board found no evidence to support the claim that the appellant's current low back disability was incurred or aggravated during service, and concluded that it is not related to his service-connected disabilities. As a result, the appeal for service connection for a low back disability was denied.

The Board has granted service connection for the veteran's lumbar degenerative disc disease and assigned a 40 percent disability rating, effective from July 1, 1997.

The Board denied service connection for residuals of a right foot injury and denied increased ratings for alopecia areata, degenerative joint disease of the cervical spine with C5 radiculopathy, and low back strain. The appellant did not provide sufficient evidence to establish service connection or entitlement to higher ratings.

The Board has granted a 40 percent disability rating for the veteran's service-connected chronic lumbosacral strain and lumbar degenerative disc disease with mild right lower extremity S-1 radiculopathy, effective from December 19, 2000.

The Board finds that the veteran's acne vulgaris, hypertension, headaches, and back disorder are all service-connected as they were diagnosed during or shortly after his active duty.