Back / lumbar spine decisions — 2002

The Board found that the veteran's appeals were timely filed, and service connection was granted for his claimed conditions.

The Board found no evidence of a causal relationship between the veteran's service-connected right foot pyogenic arthritis and his claimed shoulder, hands, hips, cervical spine, and low back disorders. The claim for secondary service connection was denied.

The Board denied service connection for the cause of the veteran's death, finding that his established service-connected conditions did not substantially or materially contribute to his death.

The veteran's claim for an effective date prior to January 9, 1994 for service connection for traumatic arthritis of the lumbar spine was dismissed due to his death.

The Board found that the veteran's low back disorder was not incurred in or aggravated by active service and denied his claim. The Board also found that the cysts, variously claimed as moles and skin cancer, were not incurred in or aggravated by active service and could not be presumed to have been caused by exposure to ionizing radiation during service.

The Board denied the veteran's request to reopen his claim for service connection for a back condition, finding that he did not submit new and material evidence.

The Board denied the veteran's claims for increased disability ratings for lumbar disc disease and gastroenteritis, finding that the current evaluations adequately reflected the severity of his conditions.

The Board has determined that the veteran's low back disability, chronic sinusitis, hemorrhoids, varicose veins, pseudofolliculitis barbae, and bilateral knee disorder are all service-connected. A compensable evaluation of 10% is granted for macular degeneration and retinal tear of the left eye.

The Board denied the veteran's claims for service connection for back strain, granted a 100% disability rating for PTSD effective from May 6, 1996, and granted TDIU retroactive to April 29, 1998. The claim for an increased rating for residuals of shell fragment wound of the back was denied.

The veteran's disabilities do not meet the criteria for an increased rate of nonservice-connected pension by reason of being in need of regular aid and attendance or having a single permanent disability rated 100 percent under the Schedule, with additional disabilities independently ratable at 60 percent or more, or being permanently housebound.

The Board has denied reopening the veteran's claims for service connection for low back and left foot disorders due to lack of new and material evidence.

The Board found no evidence linking the veteran's current low back condition to his military service and denied his claim for service connection.

The Board has determined that the veteran's low back disability does not warrant a rating in excess of 20 percent, and his rib fractures do not warrant a rating in excess of 10 percent.

The Board has determined that new and material evidence was not submitted to reopen the veteran's claim for service connection for a low back disability. The case is being remanded for further development, including obtaining additional medical records and Social Security Administration (SSA) decision.

The veteran's hepatitis C was initially evaluated at 10 percent and later increased to 30 percent effective from November 5, 1999. The low back disability was initially evaluated at 10 percent and is currently rated as 40 percent disabling since March 22, 2001.

The veteran's service-connected low back disability is rated at 60 percent from January 13, 1997.

The Board denied the veteran's claims for increased ratings for his cervical spine disorder, lumbosacral strain, and shin splints of both legs.

The Board has determined that the veteran's claims for increased evaluations of his service-connected traumatic arthritis of the left ankle and lumbar spine are denied, as they do not meet the criteria for a higher evaluation under applicable diagnostic codes.

The Board has determined that additional development of VA medical records is needed to properly adjudicate the veteran's claims for service connection for a back disorder and prostate disorder. The RO will obtain any relevant treatment records from the Salt Lake City VA Medical Center, including those dating back up to 30 years, and determine if an examination is necessary.

The Board found that the October 3, 1978 and March 13, 1979 rating decisions denying a total disability rating based on individual unemployability were not clearly and unmistakably erroneous.