Back / lumbar spine decisions — 2005

The veteran's July 1994 lumbar laminectomy resulted in additional permanent low back disability, including peripheral neuropathy. The Board finds that the criteria for compensation under 38 U.S.C.A. § 1151 have been met.

The veteran's lumbar spine disability has been rated at 40 percent since the April 1975 rating decision. The Board found that his current symptomatology does not warrant a higher evaluation.

The veteran's claims for increased ratings and effective dates were denied. The low back strain is rated at 20 percent, while the emphysema is rated at 10 percent.

The Board has determined that the veteran's current back disorder is not due to disease or injury incurred in service, and thus denied his claim for service connection.

The Board has remanded the claims for service connection due to a scheduling issue, and no specific decision on the merits is provided.

The Board has determined that the veteran's low back disability is not related to his service-connected disabilities and therefore denied his claim for service connection.

The Board denied the veteran's claims for service connection for degenerative joint disease of the lumbar spine, cervical spine disability, right leg disability, and impingement syndrome of the right shoulder. The evidence did not support a finding that these conditions were incurred in or aggravated by active service.

The Board granted an increased rating of 20 percent for low back pain, effective January 13, 2003. The veteran's right knee shell fragment wound scar was not addressed in this decision.

The veteran's claim for an effective date prior to June 15, 2001 for the grant of a total disability rating based on individual unemployability due to service-connected disabilities was granted. The effective date is set at June 15, 2001.

The Board has denied the veteran's claims for service connection for a low back disorder, hypertension, and diabetes mellitus. The evidence does not support these claims as they are not related to service.

The veteran's service-connected disabilities, including major depressive disorder and degenerative disc disease of the lumbosacral spine, are found to be sufficient for a total disability rating based on individual unemployability.

The veteran requested to withdraw his appeal, and the Board has dismissed it.

The Board has determined that the veteran's degenerative disc disease of the cervical spine warrants a 40 percent disability rating, effective December 1, 2004.

The veteran's claim for an evaluation in excess of 40 percent for his service-connected lumbar spine disability was denied. The VA determined that the condition primarily manifested by severe, painful limitation of motion without neurological manifestations.

The Board has remanded the claims of entitlement to service connection for anxiety (claimed as nightmares), headaches, a skin disorder, and a back disorder due to new evidence received since previous decisions.

The Board has granted a 60 percent rating for the veteran's service-connected chronic low back strain with left L5 radiculopathy, effective from April 1996. The claim for a compensable rating for symblepharon outer angle of the left eye due to abrasion is denied.

The veteran's hypertrophic degenerative joint disease of the lumbar spine is rated at 20 percent effective June 30, 1992. The TDIU issue remains pending.

The VA denied the veteran's claim for service connection for chronic lumbar strain, which he claimed as a back injury. The evidence did not show that his current condition was related to an in-service event or is otherwise related to service.

The Board found no evidence linking the veteran's current upper and lower back disorders to his service, thus denying service connection for these conditions.,For the thyroid scar, the VA examiner noted that it is not disfiguring or tender, but the veteran reported gagging frequently with the scar. The Board denied a compensable rating as the condition does not meet the criteria for a compensable evaluation.

The Board denied the veteran's claims for increased ratings for his service-connected cervical and lumbar spine disabilities, as well as his bilateral hearing loss. The criteria for a higher rating were not met based on the current evidence.