Back / lumbar spine Board decisions

The veteran's herniated nucleus pulposus at T6-T7, with degenerative changes at T10-T11 and T11-T12 and Schmorl's node at T8-T9 is rated as 40 percent disabling. The lumbosacral strain is also rated as 40 percent disabling.

The veteran's lumbar spine disability is currently rated as 20 percent disabling, and his thoracic spine disability is rated at 10 percent. The Board has determined that the current ratings are appropriate.

The veteran's appeal is being remanded for a Travel Board hearing at the Columbia, South Carolina, Regional Office of the Department of Veterans Affairs.

The veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Board has granted a 40 percent rating for the veteran's service-connected chronic lumbosacral strain with degenerative joint disease, effective from the date of receipt of his claim in April 1998.

The veteran's service-connected degenerative joint diseases of the left wrist, thoracic spine, right knee, left knee, and lumbosacral spine are currently rated at 10 percent each. The RO has denied his claims for higher ratings.

The Board of Veterans' Appeals has determined that the veteran did not submit new and material evidence to reopen his claim for service connection for a low back disorder. The RO previously denied this claim in June 1995, finding no evidence of onset or manifestation within one year of separation.

The Board has granted service connection for degenerative disc disease of the lumbar spine and peripheral neuropathy, both determined to be directly related to service. Service connection was also granted for asthma with a rating of 30 percent. The bipolar disorder issue is moot as service connection was granted on a direct basis.

The veteran's lumbosacral strain, cystectomy with curettage lesion of the anterior mandible, and peptic ulcer disease were all granted initial compensable evaluations. The lumbosacral strain was initially rated at 10 percent from April 3, 1998 until May 18, 1999, and then increased to 10 percent effective May 19, 1999. The cystectomy with curettage lesion of the anterior mandible received a 10 percent evaluation. The peptic ulcer disease was also granted a 10 percent evaluation.

The VA has determined that the veteran's degenerative arthritis of the lumbar spine warrants a 20 percent rating, effective from October 1996. The disability is currently rated as moderate and does not meet criteria for higher ratings.

The Board denied earlier effective dates for service connection for PTSD and lumbar disc disease at L4-5, finding that the earliest possible effective dates are October 9, 1996, for PTSD, and December 17, 1979, for lumbar disc disease.

The veteran's service-connected disabilities became so severe that he was unable to work, qualifying him for a total disability rating based on individual unemployability as of January 6, 1999.

The veteran's death was not caused by his own willful misconduct. However, he did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318 as he was not in receipt of a 100% disability rating for at least 10 years immediately preceding his death.

The Board has determined that the veteran's claims for service connection for a low back disorder and PTSD must be remanded to obtain additional information from his personnel file, verify any claimed stressors or helicopter crash landing, and schedule him for VA examinations.

The Board has determined that the veteran's current low back disability is due to an in-service injury and granted service connection for this condition.

The Board has determined that the veteran's current low back disability is service-connected, as it began during his active duty.

The veteran's claims for increased ratings for his service-connected back pain and organic brain syndrome have been denied as the evidence does not meet the criteria for a higher disability evaluation.

The appellant's claim for an increased rating for his right femur fracture and bursitis of the hip was granted. However, service connection for a back disability secondary to his service-connected right femur fracture and bursitis of the hip was denied. The issue regarding shoulder pain is pending due to remand by the Board.

The veteran's appeal is denied as the RO properly assigned a 40 percent rating for lumbosacral strain and granted service connection for residuals of an injury to the sacrum and coccyx with a 10 percent rating. The appeals for increased ratings, compensable evaluations, and total disability based on individual unemployability due to service-connected disabilities are also denied.

The Board has determined that the claim for service connection for a low back disability is denied as there is no evidence of a low back disability during active service and no competent medical evidence linking any current low back disability to service.