Back / lumbar spine decisions — 2000

The veteran's non-service-connected disabilities do not meet the criteria for special monthly pension based on need for regular aid and attendance or housebound status. The right knee degenerative joint disease was not found to be service-connected.

The veteran's low back disorder with foot drop is rated at the highest possible disability level of 60 percent, and he meets criteria for a total rating based on individual unemployability due to his service-connected disabilities.

The Board is remanding the veteran's claims for service connection due to incomplete medical records and additional development of evidence.

The Board found that the veteran's left knee disorder did not meet the criteria for a compensable rating, and his low back disorder was rated at 10 percent. The decision is mixed as it addressed both issues.

The Board has granted a rating of 20 percent for the veteran's service-connected degenerative arthritis of the thoracic and lumbar spine, effective March 31, 1997. The case is remanded to obtain additional medical development.

The veteran's claims for increased evaluations of his service-connected low back pain, hallux rigidus, and left ankle sprain with instability were denied by the Board.

The veteran's low back disability is rated at 40 percent, the maximum under Diagnostic Code 5295. The other conditions are not rated as compensable.

The Board has found that the veteran's service connection claim for post-traumatic osteoarthritis of the lumbar spine is granted, based on direct evidence linking his current condition to an in-service injury. The case was remanded due to a need for further development and examination.

The Board has determined that the veteran's claims for service connection have been denied as new and material evidence was not submitted to reopen them.

The Board denied the veteran's claim to reopen his service connection for a back condition, finding that new and material evidence had not been submitted.

The Board denied the veteran's request to reopen his claim for service connection for a low back injury, finding that the new evidence submitted since the last denial was not material.

The veteran's appeal is being remanded for additional development of his claims, including obtaining service medical records and conducting VA examinations to determine the nature and etiology of any currently present back disability, bilateral carpal tunnel syndrome, and asthma.

The Board denied the veteran's claims of clear and unmistakable error in rating decisions related to his low back disability and psychiatric disability. The veteran argued that service connection should have been granted for low back disability due to a back injury in service, and that his psychiatric disability should have been rated as PTSD. However, the Board found no evidence of clear and unmistakable error.

The Board has determined that the veteran's currently diagnosed degenerative changes of the lumbar spine were not incurred in or aggravated by service. The claim for PTSD requires further development to verify claimed stressors and participation in combat with the enemy.

The Board has ordered a new VA examination to determine if the veteran's current back disorder is related to his service. The case will be remanded for this purpose.

The Board has determined that the appellant's current back disorder, including arthritis, was incurred in active military service and granted service connection for these conditions.

The Board denied the veteran's attempt to reopen his claim for service connection of a back disorder, finding that the new evidence submitted did not bear directly and substantially on the issue.

The veteran's lumbosacral strain with degenerative disc disease and herniated disc at L5-S1 is currently rated as 20 percent disabling, but the Board has determined that a higher 40 percent rating is warranted based on more severe symptoms. The pseudofolliculitis barbae of the face and neck is currently rated as noncompensably disabling.

The Board has granted service connection for a low back disability, finding that the evidence supports a direct link to active service.

The veteran's claim for an increased rating for his service-connected mechanical low back pain with left leg cramping was denied by the RO. The case is being remanded to obtain additional medical evidence and determine if an extraschedular evaluation is warranted.