Back / lumbar spine decisions — 2003

The veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied as there is no evidence of additional disability caused by VA treatment, and the preponderance of the evidence does not support a finding that such disability was due to negligence or other fault on the part of VA.

The Board of Veterans' Appeals has determined that the veteran's service contributed to the development of his back disability, specifically spondylolysis and spondylolisthesis. The Board found that while some increase in disability occurred during service, it was not more than natural progression, thus granting service connection for a back disability.

The veteran's service-connected conditions do not render him unable to obtain and retain substantially gainful employment.

The Board found no evidence linking the veteran's current low back disability with his service, including a truck accident during active duty. The Board concluded that obesity was more likely the cause of his degenerative joint disease.

The Board denied the veteran's claim for an increased disability rating for his service-connected post-operative lumbosacral strain with degenerative disc disease of L5-S1, currently evaluated at 60 percent.

The Board has granted a 60 percent disability rating for the veteran's residuals of a herniated lumbar disc with radiculitis, effective from March 1998. The right knee disabilities are rated at 30 percent and 10 percent respectively.

The Board of Veterans' Appeals has denied the veteran's claim for service connection for a low back disorder due to lack of evidence linking his current condition to his period of active duty.

The veteran's low back disability is currently manifested by subjective complaints of increasing episodes of back pain, limitation of motion, and fatigue. Current objective findings include severe limitation of motion and auto-fusion at L2-3 and L5-S1. There is no evidence of incapacitating episodes or pronounced intervertebral disc syndrome warranting a higher evaluation.

The Board has determined that the veteran's current genitourinary problem is not related to his service, and there is no evidence of a low back disorder in service. Therefore, service connection for both conditions cannot be granted.

The Board found that the veteran's cervical and lumbar spine disorders are not related to service or his service-connected compression fracture of the 12th dorsal vertebra.

The Board denied the appellant's claim for special monthly DIC based on being housebound due to her disabilities, finding that she was not substantially confined to her home or immediate premises.

The Board has granted service connection for residuals of a neck injury and a low back disorder, finding that these conditions are related to the veteran's military service.

The VA has denied an increased rating for the veteran's service-connected low back syndrome, finding that it does not meet the criteria for a higher evaluation under any applicable diagnostic codes.

The veteran's degenerative disc disease of the lumbar spine was granted an increased rating to 40 percent effective prior to September 23, 2002 and from that date forward. The condition is rated as severe with intermittent relief.

The Board denied the veteran's claims for service connection for spondylolisthesis of the lumber spine and an increased rating for his low back strain, finding that new evidence did not support reopening the claim. The veteran's current low back strain is rated at 20 percent.

The Board denied the veteran's claims for an increased evaluation for her low back pain syndrome and service connection for a seizure disorder. The veteran's initial seizures occurred at home, not during periods of active duty for training or inactive duty training.

The Board has determined that the veteran's left knee disability is not attributable to his period of military service and was not caused or made worse by his service-connected low back disability.

The Board has determined that the veteran's PTSD warrants an increased rating to 70 percent, effective from June 15, 1995.

The Board has determined that new and material evidence has not been received to reopen the claim for service connection for a lumbar spine disability. The veteran's current back problems are believed to have started after service, but there is no clear medical evidence linking them directly to his military service.

The Board has determined that the veteran's current low back disability is service connected, as it was incurred during his period of inactive duty training in February 1991.