Back / lumbar spine decisions — 2003

The Board has denied the veteran's claims for service connection for a back disorder and heart disorder, as well as his claim for TDIU benefits. The decision is based on the lack of evidence showing a relationship between any current disabilities and active duty service.

The Board denied the veteran's claims for service connection for left leg disorder and back disorder, finding no medical evidence linking these conditions to his military service or a service-connected condition.

The VA has determined that the veteran's current back disorder, with residual pain and limited function, cannot be reasonably associated with his service-connected injury in 1987. The majority of his back difficulties are attributed to nonservice-connected disorders.

The Board has determined that the veteran's lumbar myositis is due to an injury in service and grants service connection for this condition.

The veteran's appeal has been withdrawn, and the case is dismissed without prejudice.

The veteran's claim for an effective date earlier than April 9, 1998 for a 60 percent rating for lumbar disc disease has been remanded to the RO for further development.

The Board has denied the veteran's claim for a rating in excess of 40 percent for his lumbar spine disability.

The Board has granted a 60 percent evaluation for the veteran's service-connected residuals of a lumbar laminectomy, effective from prior to September 23, 2002.

The Board denied the veteran's claims for service connection and higher ratings for various conditions, including periodontal disease, right ear hearing loss, left ear hearing loss, low back disability, onychomycosis of the hands and feet, seborrheic dermatitis of the scalp, and reactive airway disease.

The veteran's appeal is being remanded for additional development, including contacting the veteran and ensuring all notification and development required by the Veterans Claims Assistance Act of 2000 are completed.

The Board denied the veteran's claims for service connection for diabetes mellitus, a blood disorder, a heart disorder, a leg disorder, and a back disorder. The evidence did not show any in-service or chronic post-service manifestations of these conditions.

The veteran's claims for increased rating, total disability based on individual unemployability, and special monthly compensation were denied. The Board found that the veteran did not meet the criteria for a 100% schedular rating due to his lumbar disorder or any other service-connected condition.

The veteran's claim for an increased rating for his service-connected chronic low back pain with degenerative changes in the lower lumbar spine is being remanded due to a lack of neurological examination.

The Board has granted a 30 percent rating for vasomotor rhinitis, finding that the disability picture more nearly approximates the criteria required for that rating. The veteran's lumbar spine degenerative arthritis is rated under Diagnostic Codes 6522 and 6523.

The Board has determined that the veteran's appeal for an increased rating for low back disability and his claim for a total rating based on unemployability due to service-connected disability were not timely filed, resulting in their dismissal.

The veteran's claim for a rating in excess of 20 percent for degenerative disc disease of the cervical spine was denied due to his failure to report for a scheduled VA medical examination without good cause.

The Board has determined that the veteran's low back disorder is related to his active service, granting service connection for this condition.

The veteran's claim for an increased evaluation of his lumbar strain with dextoscoliosis and degenerative changes is being remanded due to the need for further development, including consideration of revised rating criteria.

The Board denied most of the veteran's claims, including service connection for various disorders claimed as residuals of Agent Orange exposure. The only claim that was granted was a 30 percent evaluation for post-traumatic stress disorder (PTSD) effective March 18, 1996.

The veteran's service-connected low back disability is currently rated at 40 percent, and the Board has determined that a higher initial rating of 60 percent is warranted.