Back / lumbar spine decisions — 2002

The Board found that the veteran's shortening of the right leg and low back disorder were not incurred or aggravated by active service, as they pre-existed his military service.

The Board has determined that the submitted evidence does not meet the criteria to reopen the previously denied claims for service connection of a back disability, right knee disability, and anxiety disorder.

The veteran's right hand disability has been rated as 50 percent disabling based on incomplete paralysis of the median nerve. The rating is granted.,The veteran's right ankle disability was denied as it did not meet the criteria for a greater than 20 percent evaluation.

The Board has determined that the veteran's service-connected back disability, which is secondary to his service-connected left leg disability, warrants a compensable evaluation of 20 percent.

The Board has determined that the submitted evidence does not meet the criteria to reopen claims for service connection for a back disability, right knee disability, and anxiety disorder. The veteran's claims remain denied.

The Board has determined that there is no evidence of a bilateral foot disorder or low back disorder due to service. The claim for an increased rating for the veteran's low back disorder is granted, with a rating of 40 percent.

The Board denied the veteran's claims for left knee and lumbar spine disorders, but granted service connection for cervical spine disorder. The decision did not address whether the current conditions are related to service.

The veteran's appeal is granted, and he is awarded a rating of 30 percent for his service-connected postoperative residuals of fracture, left distal tibia and fibula, with posterior tibial and common peroneal nerve damage. The other issues are denied.

The Board determined that the veteran's current back disorder is not related to his service, including a claimed injury in Japan in 1951.

The Board of Veterans' Appeals has determined that the veteran's current discogenic disease, lumbar spine is service-connected and not related to any exposure basis or presumption. The decision also notes that there was no clear evidence to the contrary regarding a continuity of symptoms since service.

The veteran's service-connected disabilities, including intervertebral disc syndrome of the lumbar spine and bilateral hearing loss, prevent him from securing and following gainful employment. The Board has granted a total disability rating for compensation on the basis of individual unemployability (TDIU).

The veteran's service-connected back disability is currently rated at 40 percent, but the Board finds that his condition does not warrant a higher rating based on current evidence.

The Board denied the veteran's claims for service connection for residuals of an injury to the lumbar spine with sciatic radiculitis and arthritis, as well as his request for a temporary total evaluation due to treatment for a service-connected condition requiring convalescence. The claim for increased evaluation for lumbosacral strain was also denied.

The Board has determined that the veteran does not meet the criteria for a certificate of eligibility for financial assistance in acquiring specially adapted housing or special home adaptations due to his current functional status and lack of blindness, anatomical loss or use of both hands.

The veteran's disabilities do not meet the criteria for special monthly pension based on the need for aid and attendance of another person or being permanently housebound.

The veteran's claim for TDIU benefits prior to March 1, 1998 was denied as he did not meet the requirements for a TDIU rating prior to that date.

The Board has determined that the veteran's claimed conditions, including headaches, memory loss, cysts of the body, and low back pain, were not incurred or aggravated during active service. The VA examinations did not find any chronic disabilities related to these conditions.

The Board has determined that the veteran does not have a chronic acquired right arm or low back disorder linked to active service, and thus denied his claims for service connection.

The Board has denied the veteran's claim for an increased rating for his service-connected cervical spine disability, finding that the current evaluation of 40 percent is appropriate given the severity and nature of his symptoms.

The Board finds that the veteran's right knee disorder is aggravated by his service-connected left knee disability, and thus grants service connection for this condition. However, there is no evidence to support a finding of service connection for his low back disorder.