Back / lumbar spine decisions — 2003

The Board denied the veteran's claims for increased ratings and service connection for her hip, lower back, and middle back disabilities.

The veteran's claims for increased ratings for lumbosacral strain, right knee disorder, left knee disorder, and migraine headaches have been denied. The RO found that the current evaluations adequately reflect the severity of these conditions.

The veteran died from non-Hodgkin's lymphoma, which was not service-connected. His low back condition did not contribute to his death and he had a total disability rating for over 10 years prior to death.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for chorioretinitis of the right eye. The veteran's low back disorder is currently rated at 40%.

The Board has ordered further development in the veteran's case, including reopening claims for service connection for a back disorder and bilateral foot disorder. The appeal is currently pending due to ongoing procedural issues.

The Board has determined that a VA examination is needed to determine the nature and etiology of any current left shoulder, neck, and back disorders. The veteran's service connection claim for these conditions will be remanded.

The veteran's service-connected disabilities, including degenerative disc disease of the lower back and prostate cancer with radical prostectomy, have resulted in permanent loss of use of both legs. The Board finds that he meets the criteria for a certificate of eligibility for specially adapted housing.

The Board found that the veteran's current degenerative arthritis of the lumbar spine is as likely as not due to aggravation of a pre-existing condition during service, and granted service connection for this disability.

The Board granted an effective date of October 14, 2003 for a total rating based on individual unemployability and a 60 percent rating for service-connected back disability.

The Board of Veterans' Appeals has determined that the veteran's back disorder is related to his in-service complaints and therefore grants service connection for this condition.

The veteran's low back and right knee disabilities were not found to be service-connected. His bilateral metatarsalgia with callosities and pes planus was rated at the highest schedular disability rating available, and special monthly compensation based on loss of use of both feet was denied.

The Board has denied the veteran's claims for service connection for swelling of the hands and feet, hyperesthesia, a low back disorder, and rectal bleeding. The evidence does not support a finding that these conditions were incurred or aggravated by military service.

The VA denied the veteran's claim for an increased rating for his service-connected degenerative disc disease of the thoracic spine, finding that the disability is already rated at its maximum allowable level.

The Board has determined that the veteran's current lumbar and cervical spine disabilities are a composite of all injuries experienced over his lifetime, including those sustained during service. Therefore, these conditions were incurred during active service.

The veteran's claim for a higher rating for his lumbosacral and lower thoracic strain is being remanded due to the need for additional development.

The Board has determined that the veteran does not meet the criteria for a diagnosis of PTSD and therefore cannot establish service connection.,There is no evidence to support a finding that the veteran's current back disorder is related to his military service.

The Board denied service connection for a low back disability and tension headaches.

The Board has determined that the veteran's current low back disability began during his active service and is related to an injury sustained while in Germany. Therefore, the claim for service connection is granted.

The Board has ordered further development due to pending evidence and the case is now being sent back for additional examination and review.

The Board has ordered further development due to the need for additional evidence and clarification. The case is now being sent back to the RO for a VA orthopedic examination, MRI of the low back, and consideration of the new evidence.