Back / lumbar spine decisions — 2003

The Board has determined that the veteran's claims for service connection for spina bifida occulta, pelvic disorder, tailbone disorder, back disorder, and tibia disorder are denied as these conditions do not meet the criteria for service connection.

The Board has denied service connection for a low back disability, finding no link between the veteran's current condition and his military service. The claim was based on direct evidence rather than presumptive exposure or other theories.

The Board of Veterans' Appeals has determined that the current evaluation for the veteran's service-connected low back strain is not adequate given his current symptomatology, including severe limitation of motion and pain.

The Board has granted service connection for hypertension and determined that the effective date for resuming VA compensation for a service-connected low back disability should be May 14, 2000.

The Board denied the veteran's claim for an increased disability evaluation for his degenerative disc disease, bulging annuli at L4-5 with left leg radiculopathy, finding that the current evaluation of 40 percent was appropriate.

The Board denied the veteran's claims for service connection for a back disorder and TDIU due to his service-connected disabilities. The veteran did not meet the schedular requirements for TDIU, and there was no evidence that his service-connected disabilities prevented him from securing and following a substantially gainful occupation.

The veteran's service-connected lumbar spine sprain and conversion reaction were not found to meet the criteria for a compensable rating or an increased disability rating, respectively.,Service connection was denied as the cause of death was attributed to multi-organ failure unrelated to any service-connected condition.

The Board found no current degenerative disc disease of the lumbar spine related to service, and denied the veteran's claim for service connection.

The Board has granted service connection for degenerative joint disease of the lumbar spine and calcaneal spurs of the left heel. The veteran's right knee condition is not considered to have been incurred in or aggravated by active service, nor may arthritis of the right knee be presumed to have been incurred or aggravated in active service. The Board has also granted service connection for patellofemoral syndrome of the left knee and degenerative joint disease of the left knee on a new and material basis.

The Board denied the veteran's claim of entitlement to service connection for bilateral hearing loss. The RO granted service connection for spinal stenosis, lumbar spine and assigned a 60% evaluation, but did not issue a Statement of the Case (SOC) regarding this decision.

The Board has determined that the veteran's low back disability is not more than 60 percent disabling, and thus does not warrant a higher rating.

The veteran's service-connected lumbosacral strain with bulging disc and radiculopathy is currently manifested by subjective complaints of low back pain and pain radiating down the extremities, resulting in severe limitation of motion. The Board finds that the evidence does not support an evaluation in excess of 40 percent.

The Board denied the veteran's claims of service connection for residuals of a low back injury and collarbone injury, finding that there was no evidence to support these conditions or their relationship to military service.

The Board has determined that the veteran's current left knee and back disabilities are not related to his service-connected right knee disability, and thus denied both claims.

The Board found that the veteran's back disability did not have its onset in or increase during service, and was not caused by his service-connected shrapnel wounds or PTSD. The claim for secondary service connection for PTSD was also denied.

The Board denied the veteran's claims for service connection for migraine headaches and TDIU due to her service-connected disabilities. The veteran's combined disability rating is 70 percent, meeting the threshold requirement for a total disability rating based on individual unemployability.

The veteran's service-connected disabilities prevent him from securing or following a substantially gainful occupation, and the Board has granted a total rating based on individual unemployability.

The veteran's claim for a permanent and total disability rating for pension purposes, including on an extraschedular basis under 38 C.F.R. § 3.321(b)(2), was denied due to his failure to report for scheduled VA examinations without demonstrating good cause.

The Board found that the veteran's low back disability, currently rated at 40 percent, does not warrant an evaluation in excess of this rating.

The Board denied the reopening of a claim for service connection due to lack of new and material evidence.