Back / lumbar spine decisions — 2000

The Board has granted a 20 percent rating for lumbosacral strain, finding that the veteran's symptoms more nearly approximate moderate functional loss with decreased endurance. The left knee issue remains unresolved.

The Board granted service connection for dysthymic disorder and increased the evaluation of lumbosacral strain to 40 percent, but denied an increase in the evaluation of hypertension.

The Board found that the appellant's current symptoms are not related to his service-connected lumbosacral strain and denied a compensable disability rating for this condition.

The Board denied the veteran's claims for service connection due to lack of evidence linking his current back disorder to service or a service-connected condition.

The Board found that the veteran had submitted new and material evidence to reopen his claim for service connection for a low back disorder. However, after reviewing all relevant records, including VA and private medical examinations and treatment notes, the Board concluded that there was no competent clinical evidence linking current low back disability to an incident or injury during service. The Board also noted that arthritis of the low back is first shown many years after service and is unrelated to any incident or injury of service.

The veteran's low back strain is currently rated at 20 percent, which reflects moderate impairment. The RO found that the current rating adequately addresses his disability.

The Board granted a 40% evaluation for the veteran's low back disorder and denied service connection for reflex sympathetic dystrophy. The extension of total disability based on convalescence was also granted.

The veteran's PTSD is rated at 30 percent, and his degenerative joint disease of the lumbar spine is rated at 10 percent. Both conditions are currently evaluated based on their direct service connection without any presumption or secondary linkage.

The Board denied service connection for degenerative disc disease of the spine, degenerative joint disease of the spine, and PTSD due to a lack of medical evidence linking these conditions to service. The veteran's back pain was not diagnosed or treated during service, nor within one year after discharge. His PTSD is not shown to have its origins in his military service.

The Board found that the veteran's service-connected low back disability, primarily manifested by pain and normal range of motion, does not warrant a rating in excess of the current 10 percent evaluation.

The Board denied the veteran's claims for service connection for a low back disability and an increased evaluation for his right ankle disability. The claim for service connection for a right hip disability as secondary to service-connected right ankle disability was remanded.

The Board found that the additional evidence submitted since February 1997 was not new and material, thus denying the reopening of claims for service connection for lumbosacral and cervical spine disorders.

The Board denied the veteran's claims for increased ratings and service connection, finding that new and material evidence was not provided to reopen his claims. The RO assigned non-compensable evaluations for the postoperative residuals of a right inguinale hernia repair and patellofemoral pain syndrome of both knees.

The Board dismissed the appeals of the veteran's claims for increased ratings for hypertension and entitlement to TDIU due to failure to file a timely substantive appeal.

The Board has denied the appellant's claims for service connection for right knee and low back disabilities, finding that any current conditions did not permanently worsen during military service.

The veteran's service-connected chronic low back pain results in a disability picture that more nearly approximates severe lumbosacral strain with marked limitation of extension and loss of lateral spine motion, warranting a 40 percent evaluation.

The veteran's service-connected disabilities do not render him unemployable, as he has a 12th grade education and over 20 years of experience in the printing field. The Board finds no competent medical evidence indicating that his service-connected conditions alone prevent him from obtaining employment.

The Board denied the veteran's request to reopen his claim of service connection for a back disorder, finding that the submitted evidence was not new and material.

The Board dismissed the appellant's appeal for service connection of personality disorder. The claim of increased evaluation for depressive disorder was denied, and the claim of tinnitus was granted as incurred in service.

The Board has granted a 20 percent disability evaluation for the veteran's service-connected degenerative disc disease of the lumbar spine, which more nearly approximates moderate limitation of motion. The claim for increased rating for hearing loss remains unresolved.