Back / lumbar spine decisions — 2003

The Board has restored the veteran's original 20% rating for arthritis of the lumbar spine, effective from August 1, 1995, as the reduction was improper due to lack of proper consideration and documentation.

The Board found no evidence of service connection for the veteran's claimed jaw, neck, left arm, or low back disabilities. The claims were denied as there was insufficient medical evidence to support a finding that these conditions were incurred in service.

The Board denied the veteran's claim for a compensable initial rating for his service-connected lumbar strain, finding that the disability did not meet the criteria for any higher evaluation under VA schedular criteria.

The veteran seeks service connection for cysts as the residual of exposure to toxic chemicals (including Agent Orange), increased evaluations for his service-connected low back disability and duodenal ulcer disease, and entitlement to a total disability rating based upon individual unemployability. The case is being remanded due to incomplete information regarding overseas service, need for additional examinations, and VCAA notification requirements.

The Board has determined that the veteran's right knee and back disabilities are attributable to his service-connected left knee disability.

The Board has remanded the case for additional development, including obtaining medical records and scheduling another VA examination. The veteran's claims of service connection for degenerative disc disease are inextricably intertwined with his other issues.

The appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The veteran's claim for an earlier effective date for a 40 percent rating for his service-connected back disability was denied as the evidence did not show that the disability warranted a higher rating prior to November 2, 2000.

The veteran's claims for earlier effective dates and TDIU were denied as the prior rating decisions supporting his service-connected low back disability did not contain clear and unmistakable error.

The Board denied service connection for a back disorder and bilateral hip disorder, finding no evidence of such conditions during or after active military service.

The veteran's claim for an initial rating in excess of 20 percent for her degenerative changes of the lumbar spine was denied by the RO. The RO had previously granted service connection and assigned a 10 percent rating, effective August 1, 1996.

The Board finds that the veteran's back disability is linked to his period of active service, and grants entitlement to service connection for a back disability.

The veteran's claim for a higher evaluation for lumbosacral strain was denied. The RO increased the rating to 40 percent effective December 21, 2000.

The veteran's low back disorder is currently rated at 10 percent disabling, and the Board finds that a higher evaluation is not warranted for any period from October 1, 1997 to the present.

The VA determined that the veteran's low back disability was not incurred in or aggravated by active service, and thus denied his claim for service connection.

The Board has determined that the veteran's degenerative disc disease and osteoarthritis of the lumbar spine, arteriosclerosis and peripheral vascular disease of the legs, and conjunctivitis are not service-connected.

The Board denied the veteran's claims for service connection for a back disorder, chronic acquired psychiatric disorder, and hepatitis due to lack of new and material evidence.

The Board has determined that the veteran's lumbar osteoarthritis warrants a 20 percent rating, but not greater.

The veteran's claims for increased ratings for bilateral knee chondromalacia patella and low back disorder were denied as a matter of law due to her failure to report for scheduled VA examinations. The service connection claim for residuals of coccyx injury, episiotomy, vaginitis, endometriosis, and cervical dysplasia was also denied.

The VA granted a higher initial disability rating of 30 percent for the veteran's degenerative disc disease at C5-6 and C3-4 with fracture at C6-7, effective from April 27, 1996. The issue is still considered to be on appeal as the veteran has not withdrawn it.