Back / lumbar spine decisions — 2003

The Board granted a disability evaluation of 60 percent for the veteran's low back disability beginning September 23, 2002. The previous rating was 40 percent.

The Board has recharacterized the issue on appeal as service connection for a low back disability. The RO must adjudicate this claim, considering both direct and secondary service connection, after ensuring all necessary development has been completed.

The veteran's service-connected disabilities (depressive reaction, schizoaffective disorder, and lumbosacral strain) prevent him from securing and following a substantially gainful occupation.

The veteran's osteoporosis of the lumbar spine is rated at 20 percent, and her right hip stress fracture residuals are rated at 10 percent. Both conditions meet their respective criteria for these ratings.

The veteran's claims for increased evaluations of his low back and cervical spine disabilities were denied by the Board. The low back disability was rated at 40 percent, while the cervical spine disability remained at 10 percent.

The Board found that the December 1967 rating decision was not clearly and unmistakably erroneous, and denied the veteran's request for an earlier effective date for his total disability rating based on individual unemployability.

The Board found no evidence of a chronic low back disability during service and denied the veteran's claim for service connection.

The Board denied the veteran's claims for a higher rating for his lumbar spine disability and service connection for bilateral hearing loss.

The Board has determined that the veteran does not have a current disability for any of her claimed hip or knee conditions, and there is no evidence linking these conditions to service. Therefore, she cannot establish service connection for any of her claims.

The Board denied the veteran's claims for higher initial ratings for her lumbar disc disability, migraine headaches, and GERD. The RO assigned a 20 percent rating for the lumbar disc disability, a 30 percent rating for migraine headaches (effective from the date of the initial rating), and no compensable rating for GERD.

The Board has granted service connection for a nodule of the right hand with objective evidence of pain, as well as high blood pressure and a lower back disorder due to undiagnosed illness. The effective date is December 31, 2006.

The Board denied the veteran's claims for service connection for a right knee disorder, bilateral hip disorder, and bilateral elbow disorder. The decision also noted that his claims for low/high VLDR (serum), high carbon dioxide (serum), high VSC hematology, and low lymph blood hematology were previously addressed.

The Board has determined that there is no evidence to support the veteran's claims of service connection for myositis of the left thigh muscle and degenerative joint disease of the cervical and lumbosacral spine, as these conditions are not related to his military service.

The Board has granted service connection for arthritis of the lumbar spine, finding that it is proximately due to or the result of a service-connected right knee disability. The issue of secondary service connection for a right hip disability remains pending.

The Board has determined that the veteran's current low back disorder is related to an injury sustained during inactive duty training, and thus service connection for the residuals of a low back injury is granted.

The Board found no current left leg or right knee disabilities related to service. The low back disability was noted, but the evidence did not establish a nexus between the in-service injury and the current condition.

The Board denied the veteran's claims of entitlement to service connection for chronic fatigue syndrome, a low back disability, diabetes mellitus (secondary to Agent Orange exposure), and a psychiatric disability. The VA found that there was no medical evidence establishing these conditions.

The Board of Veterans' Appeals has determined that the veteran's low back disorder is service-connected, with a rating of 100% effective from the date of his claim.

The veteran's service-connected residuals of posterior diskectomy at C6-7, degenerative disc disease with essential tremor of the left hand are currently rated as 20 percent disabling. The Board has determined that these symptoms more closely approximate the criteria for a 60 percent disability rating under Diagnostic Code 5293.

The veteran's service-connected disabilities are being reviewed to determine if they render him in need of aid and attendance or housebound, given his recent medical deterioration.