Back / lumbar spine decisions — 2005

The veteran's degenerative arthritis of the lumbar spine and left hip are not service-connected. However, his atherosclerotic heart disease to include hypertension is considered incurred in service.

The Board granted a rating of 40 percent for chronic low back strain with degenerative disc disease, effective from November 8, 1995, through December 8, 1999.

The Board denied the appellant's claims for increased evaluations for his service-connected lumbar spine disability, finding that the evidence did not support ratings in excess of 40 percent prior to May 10, 2001 and 60 percent beginning from that date.

The Board denied service connection for a low back disorder and an increased evaluation for residuals of a fracture of the right iliac wing, finding that these conditions were not related to service.

The VA determined that the veteran's lumbosacral strain, with minimal spur and degenerative disc disease (DDD), warrants a 20 percent evaluation.

The Board denied an earlier effective date for the grant of service connection for several disabilities, including a right shoulder disorder, neck disorder, right knee disorder, and dental trauma, all claimed as residuals of injuries sustained in a truck accident during service on April 18, 1953. The veteran's claim was reopened and granted effective January 2, 2001.

The Board denied the veteran's claims for service connection for various conditions, including a right knee disability, left knee disability, psychiatric disability, chronic headaches, degenerative arthritis of the lumbar and thoracic spine with disc protrusion at L5-S1 level and osteoporosis, costochondritis, and bilateral hearing loss. The initial evaluations were all 10 percent.

The Board denied an increased disability rating for the veteran's low back disorder and dismissed his request for an earlier effective date for a 30 percent rating for urticaria.

The Board has determined that the effective date for the grant of a total disability based on individual unemployability (TDIU) should be February 19, 1999, as this is when the veteran last worked and was awarded Social Security disability benefits.

The Board has granted service connection for the veteran's low back disorder with degenerative disc disease, finding that his current condition is related to his in-service injury and any existing service-connected cervical spine disorder.

The veteran's appeal has been withdrawn, and the case is dismissed.

The Board denied the veteran's claim for a total disability evaluation based on individual unemployability (TDIU) prior to August 9, 2002, as there was no evidence of an increase in disability that occurred within one year before the November 29, 2002, filing date.

The Board has denied the veteran's claims for service connection for degenerative joint disease of the lumbar spine and tinnitus, finding no evidence to support these conditions during his military service or as a result of any in-service injury.

The veteran's service-connected degenerative changes of the lumbar spine with spondylosis were increased to a 40 percent rating effective February 7, 2005. The previous ratings have been maintained.

The veteran's appeal is being remanded due to his failure to report for a scheduled hearing and because he requested rescheduling of the hearing. The case will be returned to the Board after the appellant has been afforded an opportunity to appear at a new hearing.

The Board found that the veteran's lumbar spine disability was not incurred in or aggravated by active service and is not related to any events therein. The claim for service connection was denied.

The Board has determined that the appellant does not have a back disability or tinnitus that is attributable to military service. The claims for service connection are denied.

The Board has determined that the veteran's acquired psychiatric disorder, including major depressive disorder with psychotic features and an anxiety disorder not otherwise specified, is proximately due to or the result of a service-connected disability (left knee residuals), and his degenerative joint and disc disease of the lumbar spine was aggravated by his service-connected left ankle sprain. Both conditions are therefore granted.

The Board has remanded the case for a VA orthopedic examination to determine if the veteran's current back disabilities are related to injuries sustained during service.

The Board denied an increased rating for osteoarthritis of the thoracolumbar spine, finding that there was no evidence of ankylosis or intervertebral disc syndrome to warrant a higher evaluation.