Back / lumbar spine decisions — 2003

The veteran's migraine headaches are characterized by headache episodes occurring three to four times per week, lasting two to six hours each. The initial rating assigned is 30 percent, the maximum under Diagnostic Code 8100 for very frequent prostrating attacks. The veteran's low back strain is characterized by subjective complaints of pain with range of motion of the lumbar spine of 95 degrees of forward flexion, 35 degrees of backward extension, and lateral flexion and bilateral rotation to 40 degrees. The initial rating assigned for this condition is 0 percent. The veteran's hiatal hernia with gastroesophageal disease, status post Nissen fundoplication, is characterized by occasional epigastric cramps/pain about three times per month, with no weight gain or loss for the past year or anemia. The initial rating assigned for this condition is 0 percent.

The Board denied the veteran's claim for service connection for back disability, including arthritis, finding that his current condition is not related to his military service.

The Board denied the veteran's claims for service connection for generalized anxiety disorder and lumbosacral strain, finding no new and material evidence to reopen the claim for generalized anxiety disorder and denying both issues.

The Board denied the veteran's applications to reopen his claims for service connection due to lack of new and material evidence.

The Board has granted an initial evaluation of 40 percent for the veteran's service-connected degenerative disc disease with herniated nucleus pulposus, L5-S1, effective from the date of the grant of service connection (October 15, 2000).

The veteran's service-connected back and foot disorders did not cause or contribute to his death. The appellant is denied entitlement to service connection for the cause of the veteran's death, DIC benefits under 38 U.S.C.A. § 1318, and dependents' educational assistance.

The veteran's claim for an increased rating for bilateral hearing loss was denied, and his claim for service connection for a back disorder was also denied. The Board found that the evidence did not meet the criteria for exceptional pattern of hearing impairment or establish service connection for the back disorder.

The veteran's claim for an increased rating for his service-connected lumbosacral strain is being remanded due to procedural issues and the need for additional medical examination.

The Board has remanded the case due to the need for a Travel Board hearing. The veteran's claims regarding left shoulder disability, low back disability, and right hand condition are still under review.

The Board denied the veteran's claims for service connection for a low back disorder and residuals of bursitis, as there was no clear and unmistakable evidence that the pre-existing conditions worsened during service.

The VA denied the veteran's claim for service connection of a back condition, finding that there is no evidence linking his current disability to his military service.

The Board has determined that the veteran does not have a low back or bilateral leg disability as a result of service, and thus denied both claims.

The Board found that the veteran does not have a low back disability that is attributable to military service and denied his claim for service connection.

The Board denied the veteran's claims for increased ratings for hemorrhoids, degenerative discospondylosis of the lumbar spine, callus of the left hand, and hematuria. The claim for service connection for bilateral hearing loss was also denied.

The Board found that the appellant's chronic low back disorder did not develop during service or is otherwise related to service, and thus denied his claim for service connection.

The Board has decided to remand the case for additional development and compliance with VCAA requirements.

The VA denied an evaluation in excess of 20 percent for the veteran's service-connected thoracic spine injury with mechanical low back pain, as her symptoms did not warrant a higher rating based on current evidence.

The Board denied service connection for pneumonia and the reopening of a claim for low back disorder. The veteran's claims were not supported by new and material evidence.

The Board granted a 20 percent rating for the veteran's left knee disability, found service connection for COPD not well grounded, and denied service connection for degenerative disc disease of the lumbosacral spine.

The Board denied the veteran's claim for an increased rating, finding that his lumbar spine disorder has been manifested primarily by limitation of motion and other impairment that is no more than moderate in degree since December 17, 1993.