Back / lumbar spine decisions — 2003

The Board has determined that the submitted evidence is not new and material, thus denying the reopening of claims for service connection for a low back disability and left leg shortening.

The Board found that the December 1996 rating decision denying a higher rating for degenerative disc disease of the lumbar spine was not clearly and unmistakably erroneous, as the evidence then of record supported the RO's determination.

The veteran's unauthorized medical expenses incurred at St. Luke's Medical Center for a back disorder are denied as the treatment is not related to his service-connected conditions.

The VA determined that the veteran's low back strain does not warrant a compensable rating, as there is no objective evidence of characteristic pain on motion.

The Board of Veterans' Appeals has determined that the veteran does not have a low back disorder or left knee disorder due to military service and therefore denied both claims.

The Board denied the veteran's claim for service connection for a low back disability, finding no current evidence of such a condition and concluding that any pain reported was not related to his service-connected right ankle injury.

The Board denied the veteran's claim for a TDIU due to his service-connected disabilities, finding that the combined rating of 60% did not meet the criteria for a TDIU as there was no evidence showing he was unemployable due to his service-connected conditions.

The Board has denied the veteran's claims for service connection for otitis media, cervical spine disability, vertigo, and degenerative joint disease of the lumbar and dorsal spine. The evidence did not establish a link between these conditions and military service.

The veteran's post-traumatic headaches are rated at 30 percent, effective August 8, 1995. Service connection for a lumbar spine disability and tingling and numbness of the legs is granted. The veteran's cervical spine disability remains service-connected with a 60 percent rating.

The veteran's claim for service connection for a low back disability was reopened due to the submission of new and material evidence. The issue will be decided on its merits.

The Board denied the veteran's claim for an effective date prior to September 29, 1997, for a grant of service connection for degenerative disc disease of the lumbar spine with bilateral leg radiculopathy.

The Board has determined that the appellant's claims for increased ratings for cervical and lumbar spine arthritis, hemorrhoids, and hallux rigidus with post-traumatic arthritis due to fracture of the right great toe proximal interphalangeal joint are denied. The current evaluations assigned do not meet the criteria for higher ratings under applicable diagnostic codes.

The VA determined that the veteran's lumbosacral strain disability, currently rated at 20 percent, does not warrant a higher rating based on current evidence of record.

The Board denied the attorney's eligibility for fees based on a March 5, 2002 rating decision granting TDIU. The issue was not about service connection but rather the eligibility of past-due benefits resulting from the award.

The Board has denied the veteran's claim for secondary service connection of a low back disability as it is not proximately due to or the result of his service-connected right inguinal condition.

The Board denied the veteran's claims for service connection for a right ankle disorder and a back disorder, finding that new and material evidence had not been submitted to reopen the right ankle claim and concluding that there was no current objective evidence of a chronic back disorder attributable to service.

The veteran's service-connected disabilities do not render him unemployable, as he has a high school education and worked in construction before entering service. The combined disability rating is less than the required 70% for a TDIU.

The veteran's service-connected degenerative disc disease of the lumbar spine is rated at the maximum allowable under current criteria, and there is no evidence to support a higher rating.

The Board has granted increased evaluations for the veteran's service-connected conditions, including diabetes mellitus, degenerative joint disease of the lumbar spine, left wrist DJD, right knee DJD, blastomycosis, and peptic ulcer disease with hiatal hernia and esophageal reflux.

The Board denied the veteran's claim for an earlier effective date for service connection of a low back disability, finding that the correct effective date is November 24, 1995.