Back / lumbar spine decisions — 2005

The Board has determined that the veteran's low back disability warrants a 20 percent rating, effective from the date of the initial decision reducing his rating to 10 percent in October 1997.

The Board denied the veteran's claim for service connection of a low back disability as secondary to his service-connected right knee disability, finding that there was no evidence showing a causal relationship between the two conditions.

The VA determined that the veteran's service-connected low back disorder, characterized by spasm and pain, does not warrant an evaluation in excess of 20 percent.

The Board has determined that the veteran's low back disorder was not incurred in or aggravated by service, and denied his claim for service connection.

The Board has determined that the veteran's current low back disability is caused or aggravated by his service-connected bilateral foot disabilities.

The Board has determined that new and material evidence has been received to reopen the veteran's claim for service connection for a left knee disorder. The Board also found that there is at least equipoise evidence regarding whether the current left knee disability was incurred in service, thus granting service connection. For the low back disorder, the January 2002 private orthopedic examination provided competent evidence of a current disability and a link to service, leading to the grant of service connection.

The veteran's lumbar fusion is rated at 20 percent, and he has a separate scar rating. His third metatarsal resection of the right foot does not meet criteria for a compensable evaluation.

The VA denied the veteran's claims for higher evaluations for his degenerative joint disease of the lumbar spine, finding that from October 9, 2001, he was entitled to a 20 percent evaluation. Prior to this date, the disability warranted no more than a 10 percent rating.

The veteran's service-connected low back disability is rated at 40 percent, and his claim for a total rating based on individual unemployability due to this condition was denied.

The Board denied the veteran's claims for increased evaluations for his service-connected degenerative changes of the thoracic spine and recurrent lumbosacral strain, finding that the evidence did not meet the criteria for higher ratings under the applicable VA rating schedule.

The Board denied the veteran's claims for service connection for chronic low back pain and fatty liver, finding that there was no evidence of a chronic disability resulting from an undiagnosed illness or other qualifying condition.

The veteran's low back strain is currently rated at 20 percent, effective August 1, 2003. The rating for tinea pedis remains at a non-compensable level. For depression, the initial ratings are set at 30 percent beginning October 29, 2001 and 50 percent beginning September 23, 2002.

The veteran's appeal has been withdrawn, and the Board is dismissing the case due to the appellant accepting the decision on his claim.

The VA determined that the veteran's back disability was not incurred in service and denied his claim for service connection.

The Board has determined that the veteran's cluster headaches do not meet the criteria for a higher evaluation, and his TDIU claim is denied as he does not have unemployability due to service-connected disabilities.

The veteran's claim for special monthly pension on account of being housebound was denied as he does not have a single permanent disability rated as 100 percent disabling, nor do his disabilities substantially confine him to his dwelling or immediate premises.

The Board has determined that the veteran's post-traumatic degenerative changes of the cervical and lumbar spine had its origins during service, granting the claim for service connection.

The Board has determined that the veteran's service-connected conditions do not warrant a higher disability rating, and thus her claims for increased ratings are denied.

The veteran's conditions do not meet the criteria for special monthly pension due to need for aid and attendance or housebound status.

The Board found that the veteran's claim for an earlier effective date for a 60 percent rating for low back injury with radiculopathy involving the left lower extremity was denied as it is not factually ascertainable from the evidence of record that in the year prior to September 2, 1999, an increased rating was warranted.