Back / lumbar spine Board decisions

The Board found that service connection for ocular hypertension (claimed as glaucoma) is granted, and the rating for degenerative disc disease of the cervical spine was increased to 20 percent.

The veteran has been granted service connection for PTSD and chronic low back strain and spinal stenosis with L3-4 disc protrusion. The Board found that the veteran's PTSD is related to an in-service shooting incident, which supports a diagnosis of PTSD. For his low back disability, the Board determined that he should receive separate ratings based on different periods of time due to disagreement with initial rating decisions. The veteran's low back condition was rated as 40 percent disabling prior to May 31, 1996 and more than 60 percent disabling from that date onwards.

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

The veteran is entitled to VA payment or reimbursement for medical expenses incurred in November 12, 1998 due to a motor vehicle accident. The claims for service connection for peripheral neuropathy and reopening of the malaria and diabetes claims are referred to the RO.

The Board has determined that the appellant's lumbosacral spine degenerative disc disease with L4-5 laminectomy residuals is currently rated at the maximum schedular evaluation of 60 percent, and thus no higher rating can be granted under any other criteria. The appeal for an increased disability evaluation is denied.

The veteran's service-connected lumbar and cervical spine disabilities have been rated at the maximum available benefit, with an effective date of September 23, 1989.

The Board denied an increased evaluation for the veteran's service-connected low back strain, finding that there was no new evidence to reopen the claim and that the current 10 percent rating adequately reflects the veteran's disability.

The Board found that the cause of the veteran's death was not due to service-connected disabilities, including his service-connected knee and back conditions.

The veteran's service-connected right patellar tendinitis and lumbosacral strain were granted increased ratings, while the other conditions remained at their current levels. The veteran's hypertension was also granted an increased rating.

The veteran's service-connected disabilities, including low back strain, hypertension, and residuals of a stroke with dysarthria, are found to be so severe that they prevent him from securing or following substantially gainful employment.

The veteran's service-connected lumbar spine disability is severe and has prevented him from obtaining substantially gainful employment. The Board finds that the veteran should be awarded TDIU under 38 C.F.R. § 4.16(b) due to his chronic and severe lumbar spine disability.

The veteran's application for a total disability rating based on individual unemployability (TDIU) was denied due to the presence of other factors, including his own decision to leave his employment. However, he received Social Security Administration (SSA) disability benefits which supported his claim.

The Board denied reopening the veteran's claims for service connection due to lack of new and material evidence.

The veteran's service connection claims for PTSD, a cyst of the right side of the neck, gastroenteritis, an eye disorder, a plantar wart, an injury of the foot, a skin rash, blisters of the hands, and right wrist injury are all granted.

The Board denied the veteran's claims of entitlement to service connection for hypertension and back disability, finding that new and material evidence had not been presented to reopen the hypertension claim.

The Board has determined that the veteran's left knee disability does not warrant a rating in excess of 30 percent, and her low back disorder is not service-connected as secondary to her knee disabilities.

The Board denied the veteran's claim for service connection for a chronic acquired back disorder, finding that the preponderance of evidence was against his claim.

The Board found no current disability in the claimed conditions and denied service connection for all issues.

The veteran's claims for increased ratings for his degenerative changes of the lumbosacral spine and left shoulder have been granted, with a rating of 20 percent effective October 24, 1995. The claim for an increased rating for arthritis of multiple joints remains in appellate status.

The veteran's motion for revision of a prior Board decision on grounds of CUE is dismissed without prejudice.