Back / lumbar spine decisions — 2000

The VA determined that the veteran's lumbosacral strain disability, which was already rated at 20 percent since July 14, 1992, does not warrant an evaluation in excess of this rating.

The Board has remanded the case for further development, including clarifying whether the veteran is seeking Class III dental treatment and adjudicating his claim for service connection for bruxism due to service-connected low back strain.

The Board denied the claims for service connection of neck injury, back disorder, and seizure disorder.

The Board has remanded the case for further development due to incomplete medical records and procedural issues.

The Board denied the veteran's claims for service connection for a low back disability and residuals of a right ankle sprain, finding no clinical or medical evidence linking these conditions to his active service.

The Board has remanded the case due to insufficient development of evidence and need for additional examinations. The issues include a request for an increased rating, reopening of a secondary service connection claim, and seeking service connection for intervertebral disc disease.

The Board found that the veteran's current back disability is not service-connected and denied his claim for an increased rating.

The Board denied the veteran's claims for service connection for diabetes mellitus and a low back disorder. The decision found that diabetes mellitus did not begin in or was aggravated by service, and there was no new and material evidence to reopen the claim of service connection for a low back disorder.

The Board has reopened the claim of service connection for a low back disorder based on new and material evidence. The veteran's low back disorder is currently rated as 10 percent disabling.

The Board has granted a 60 percent evaluation for the veteran's arteriosclerotic cardiovascular disease, effective from April 1997. The low back injury issue is pending as it appears to be part of an appeal but there are issues regarding timeliness.

The Board has determined that the veteran's service-connected low back disability, characterized as traumatic disc disease of the lumbosacral spine with lumbosacral strain, warrants a 20 percent evaluation under Diagnostic Code 5293. The evidence does not support a higher rating based on intervertebral disc syndrome or other diagnostic codes.

The Board has granted a 60 percent rating for the veteran's service-connected degenerative arthritis and disc disease of the lumbar spine, effective as of November 18, 1997. The claim for increased disability rating for residuals of an old fracture of the left femur with limitation of motion and slight knee disability is denied.

The Board has determined that the veteran's service-connected conditions do not warrant evaluations in excess of those currently assigned.

The veteran's claim for an increased rating and extraschedular evaluation for lumbosacral strain was denied by the RO. The case is being remanded to obtain additional medical records, conduct examinations, and consider whether an extraschedular evaluation is warranted.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied as his right leg disability did not result from the right total knee replacement and revision performed in a VA hospital. The effective date for service connection of degenerative joint and disc disease and stenosis of the lumbar spine was also denied.

The Board has denied the veteran's claims for service connection for various musculoskeletal and respiratory conditions, finding that new evidence was not provided to reopen previously denied claims.

The Board denied the veteran's claims for service connection and increased evaluations, finding no new and material evidence to reopen his claim of low back disorder. The other issues were also denied.

The VA determined that the veteran's central lumbar herniated nucleus pulposus does not meet the criteria for a higher evaluation beyond 20 percent, as there is no evidence of severe intervertebral disc syndrome or severe lumbosacral strain.

The Board has determined that the veteran's service-connected lumbar disc disease does not meet or approximate the criteria for a higher rating than 40 percent.

The Board has restored the veteran's original 20 percent rating for his service-connected low back disorder, finding that the reduction to a 10 percent rating was improper due to insufficient evidence of sustained improvement.