Back / lumbar spine Board decisions

The Board has reopened the veteran's claims of service connection for low back, cervical spine, and right shoulder disorders. However, the evidence does not support a finding that these conditions are related to military service.

The Board found that the reduction in rating from 100% to a combined rating of 80% was proper, and thus denied restoration of the original 100% rating. Special monthly compensation for the period from January 1, 2003 to April 12, 2003 was also denied.

The veteran's appeal is being remanded for additional VA examinations to determine the current severity of his service-connected low back strain, residuals of a thoracic spine injury, and hemorrhoids. The RO will then address the increased disability rating claims.

The veteran's combined rating of 70 percent for his service-connected disabilities was revised to 90 percent due to CUE in the February 10, 1949 rating decision. The effective date for a total disability rating based on individual unemployability is set at December 6, 2002.

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.