Back / lumbar spine decisions — 2003

The Board has denied the veteran's claim for vocational rehabilitation training under Chapter 31 of Title 38, United States Code due to her having overcome the effects of impairment of unemployability through employment in an occupation consistent with her abilities and interests.

The Board has granted a 60 percent rating for the service-connected lumbosacral strain and found that the veteran's loss of use of both lower extremities due to his service-connected disability meets the criteria for specially adapted housing. The claim for a special home adaptation grant is denied as it does not meet the legal requirements.

The Board denied the veteran's claims for service connection for diabetes mellitus type II, a low back disorder, and residuals of removal of warts on his index and ring fingers. The evidence did not support a finding that these conditions were incurred in or aggravated by service.

The Board denied the veteran's claim for service connection of a low back disorder, finding that there was no evidence showing the condition started during or was aggravated by military service.

The Board denied an increased rating for the veteran's service-connected right hip disability, finding that it did not warrant a higher evaluation based on current symptomatology. The issue of his service-connected low back disability is remanded due to changes in the regulations regarding spine disabilities.

The Board found that the veteran's current knee, hip, and back disabilities did not begin in or were aggravated by service. The claims for these conditions are denied.

The Board has denied the veteran's claim for service connection for a left thigh disability due to lack of evidence showing it is related to military service. The low back disability may be linked to an in-service injury, but its etiology remains unclear.

The veteran's appeal is being remanded for further development due to the invalidation of certain regulations by a court decision. The case will be returned to the Board with additional evidence and consideration.

The Board dismissed the appeal as the veteran withdrew his NOD for an earlier effective date prior to July 7, 1999, for the award of a nonservice connected pension. The issues regarding service connection remain in appellate status.

The Board denied the veteran's request for an increased rating for his service-connected right foreleg and knee disability, maintaining a 10% evaluation. The claim was based on complaints of pain with extension to 0 degrees and flexion to 100 degrees, as well as slight instability.

The veteran's claims for service connection for low back strain, left knee disability, right knee disability, left ankle sprain, and cellulitis of the right ankle were denied as there is no evidence of a current disability related to service.

The veteran's low back disability is currently rated at 40 percent under Diagnostic Codes 5292-5293. The Board has ordered a new VA examination to address the nature and extent of his lumbar spine disorder, including range of motion studies, commentary on painful motion or functional loss due to pain, specific information about incapacitating episodes in the past year, and descriptions of all neurologic manifestations.

The Board denied the veteran's claim for an increased rating for his service-connected lumbosacral strain with degenerative disc disease of the thoracolumbar spine, currently rated at 10 percent.

The veteran's appeal for increased evaluations of various disabilities involving the left knee, lower back, hip, and ankle was denied by the Board.

The Board has determined that the veteran does not have a current chronic genitourinary disorder or low back disorder related to service. The claims for higher initial evaluations are also denied.

The Board has granted service connection for the veteran's low back disability, with a rating of 100% effective from the date of his claim.

The Board found no current residuals of pneumonia and denied service connection for a low back disorder due to lack of evidence.

The Board has determined that the veteran's current degenerative disk disease of the lumbar spine is related to a back injury sustained during service, and thus grants service connection for this condition.

The veteran's service-connected low back pain with history of compression fractures was granted, but the evaluation remains at 10 percent.

The Board found that the veteran's current back disorder was not incurred in or aggravated by active service.