Back / lumbar spine decisions — 2002

The veteran withdrew his appeal, thus the case is dismissed.

The Board has reopened the veteran's claim and found new and material evidence to support a current low back disorder, which is now considered part of his service connection claim. The Board concluded that while there was no direct evidence linking the current condition to service, the veteran's post-service medical records and affidavits provided sufficient evidence to reopen the claim.

The Board has determined that the veteran's lumbar strain with early osteoarthritis warrants a 40 percent disability rating.

The Board has denied the veteran's claims for service connection for a back disorder, flat feet, and a skin disorder. The evidence does not support these claims.

The veteran's mechanical low back pain is currently rated at 10 percent, and his hypertension is rated at 10 percent. The Board has determined that the evidence does not support a higher rating for either condition.

The Board granted an increased evaluation of 30 percent for the veteran's service-connected chip fracture of the fourth lumbar vertebra, effective April 4, 1997.

The Board denied the appellant's claim of new and material evidence for service connection of a back disability, finding that the submitted evidence was not sufficient to reopen the previously denied claim.

The Board denied the veteran's claims for service connection for arthritis of the lumbosacral spine and an increased rating for arthralgia, low back. The veteran did not develop lumbosacral arthritis in service or until many years later.

The Board found no clear and unmistakable error in the decisions regarding service connection for PTSD and total disability based on individual unemployability, but did not assign a specific rating or effective date.

The Board found that the veteran's pre-existing eye disability was aggravated by service, and her low back disorder is not related to service. The claims for these conditions are granted.

The veteran's service-connected lumbosacral strain and cervical strain are both rated at the maximum allowable under VA guidelines. The claims for right shoulder, left hip, and headaches disorders were denied as there is no evidence of a direct connection to his military service.

The Board has granted a 40% evaluation for the veteran's degenerative disc disease of the lumbar spine and has determined that he is unemployable due to his service-connected disabilities, granting TDIU.

The veteran's case was denied for eligibility to nonservice-connected pension benefits and his claim for service connection for a back disability was also denied as it did not meet the criteria for reopening.

The Board has dismissed the veteran's appeal for reimbursement of a custom made recliner chair and denied his claim for reimbursement of a health membership fee. The veteran is service-connected for low back disability, psoriatic arthropathy, and psoriasis.

The Board has reopened the appellant's claims for service connection for a right ankle disability and low back disability, finding that new evidence submitted since the last final denial is both relevant to these issues. However, the reopening does not affect the merits of either claim.

The Board has granted service connection for post-traumatic stress disorder and denied service connection for degenerative arthritis and disc disease of the lumbar spine. Service connection was not established for hearing impairment.

The veteran's service-connected postoperative residuals of spinal fusion at L5-S1 with degenerative joint disease and chronic low back pain are currently rated as 20 percent disabling. The Board has determined that the disability picture more nearly approximates severe intervertebral disc syndrome with recurring attacks and only intermittent relief, warranting a 40 percent rating.

The veteran's request for an increased rating for low back strain was denied as his disability does not meet the criteria for a higher evaluation. The veteran's entitlement to nonservice-connected pension benefits was also denied due to his inability to secure and follow substantial gainful employment.

The veteran's claim for an earlier effective date of October 15, 1998, for the assignment of a total rating for compensation purposes based on individual unemployability was granted. The effective date was assigned due to his service-connected disabilities preventing him from engaging in substantially gainful employment.

The Board found that the veteran had not submitted new and material evidence to reopen his claim of entitlement to service connection for a back disorder. The Court vacated this decision, directing VA to discuss notice and assistance requirements under the Veterans Claims Assistance Act of 2000.