Back / lumbar spine decisions — 2003

The Board has granted the appellant's claims for increased evaluation of his lumbar spine disability and service connection for cervical and thoracic spine disorders, finding that these conditions are proximately due to or the result of his service-connected lumbar spine disorder.

The Board has determined that the veteran's lumbar bridging with disc disease does not warrant a rating higher than 40 percent, as there are no incapacitating episodes or pronounced intervertebral disc syndrome. The claim for an extraschedular evaluation and TDIU is also denied.

The Board denied an increased rating for the veteran's service-connected degenerative disc disease of the low back and denied a prior effective date, finding that the disability did not warrant a higher evaluation under the applicable criteria.

The veteran's appeal is being remanded for additional development of his claims, including obtaining updated information about his employment and medical records. The RO will also arrange for a VA examination to assess the severity of his low back disability.

The veteran's service-connected disabilities are shown to be of such a nature and severity as to preclude the performance of all types of substantially gainful employment, warranting a total evaluation based on individual unemployability.

The veteran's claim for an extension of a temporary total disability rating beyond December 31, 1995 due to convalescence following surgery for his service-connected low back disability was denied as he did not require six weeks of convalescence.

The veteran's PTSD and lumbar spine fracture are service-connected, but the RO has already granted a 60% evaluation for his lumbar spine fracture. The claim for an initial evaluation in excess of 70 percent for PTSD is denied. The effective date for TDIU benefits remains at September 18, 1998.

The Board found that the veteran's disability did not warrant a rating greater than 20 percent, as his symptoms did not meet the criteria for more severe evaluations.

The Board denied the appellant's claims for increased disability ratings in various conditions, finding that none of the conditions warranted a higher rating based on the evidence provided.

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

The Board has determined that the veteran does not have a low back disability or a bilateral hand condition (claimed as stiffness of the wrists and fingers) incurred in service. The claims are therefore denied.

The VA denied the veteran's claim for an increased evaluation for his osteoarthritis of the lumbar spine, currently rated at 20 percent. The Board found that the evidence did not support a higher rating based on current functional limitations.

The Board of Veterans' Appeals has determined that the veteran's lumbar spine disability, which was preexisting and diagnosed as spinal stenosis, was aggravated by his active service in 1998. This aggravation caused or accelerated the development of a herniated disc.

The Board has determined that the veteran's service-connected left greater trochanteric bursitis and lumbar strain do not warrant an evaluation in excess of 10 percent.

The veteran's claim for special monthly pension based on the need for regular aid and attendance or at the housebound rate is denied as he does not meet the criteria for either benefit.

The Board has determined that the veteran's current low back disorder is related to his military service, and thus grants service connection for this condition.

The Board denied the appellant's claims for increased ratings and a total disability rating based on individual unemployability due to service-connected disabilities, finding that his conditions did not warrant higher ratings under the applicable criteria.

The Board has determined that there is no credible medical evidence showing a causal relationship between the veteran's left hip and low back disabilities and his service-connected residuals of a left leg wound, status post infection.

The Board found no evidence of in-service injury or disease that would support service connection for the veteran's claimed left wrist and low back disorders. The claims were denied.

The veteran's service-connected disabilities do not render him unable to care for most of his daily needs so as to require the assistance of another. He is not bedridden nor he is a patient in a nursing home.