Back / lumbar spine decisions — 2000

The Board has determined that the veteran's service connection claim for a back disability is well-grounded, and his current symptoms are related to conditions identified during his military service.

The veteran's overall disability evaluation was increased from 20 percent to 50 percent, with the lumbosacral strain issue being rated at 20 percent and both knee issues remaining at 10 percent. The decision denied all claims for higher ratings.

The Board found no causal relationship between the veteran's in-service back injury and his current low back disability, thus denying service connection.

The Board denied the veteran's claims of service connection for low back disability and sinusitis as they are not well-grounded.

The veteran's claims for service connection are partially granted, with an effective date of March 20, 1992. The RO denied the earlier effective date requested and awarded a 40% evaluation for arthritis of the lumbosacral spine.

The veteran's claims for increased evaluations for his right knee and low back conditions were granted, with the right knee receiving a 20% evaluation.

The Board has reopened the claim for service connection of residuals of a low back injury due to new and material evidence submitted since the last final denial. The claim is now considered on its merits.

The Board determined that the decision to sever service connection for lumbar spine disc disease was not proper, and denied a higher disability rating for the veteran's back condition.

The veteran's appeal has been dismissed due to his death.

The veteran's service-connected low back disability, including DJD of L5-S1, is well-grounded. The claim for cervical spine disability, including cervical fusion of C4-5, is also well-grounded.,Osgood-Schlatter's disease of the right knee has been rated at 20% since October 1994. No increase in rating was granted for Osgood-Schlatter's disease of the left knee.,The veteran received a temporary total rating based on convalescence due to surgery and one month beyond.

The veteran is currently assigned a 20% evaluation for his low back disability from October 26, 1992 to March 13, 1997.,Since March 13, 1997, the veteran's low back disability has been rated at 10%.

The Board denied the veteran's claims for service connection for a back disability and an increased evaluation for post-traumatic stress disorder, finding that there was no competent evidence linking any current back disability to service. The total rating claim is pending further development.

The Board found that the veteran's claimed back disorder was not incurred or aggravated in active service and denied his claim.

The Board denied the veteran's claims for service connection for GI and back disorders as not well grounded. The claim for left ear hearing loss was granted with a 10% evaluation effective from September 1997, but initially assigned a zero percent evaluation in February 1991.

The Board has reopened the claim for service connection of a back disorder due to new and material evidence submitted since the last denial in May 1990.

The Board found that the veteran's left knee and low back disabilities preexisted service, thus rebutting the presumption of soundness. The veteran did not provide clear and unmistakable evidence to rebut this presumption. Therefore, his claims for service connection were denied.

The VA denied a rating in excess of 40 percent for the veteran's degenerative disc disease of the lumbar spine, finding that his disability did not meet the criteria for a higher rating based on severe intervertebral disc syndrome or pronounced lumbosacral strain.

The veteran's service-connected low back disability is productive of no more than severe limitation of motion and severe lumbosacral strain, warranting a maximum 40 percent rating. The claim for an increased evaluation beyond this rating is denied.

The Board has denied the veteran's claims for service connection for a low back disability and a right foot disability, finding that new and material evidence was not submitted to reopen the claim for the low back disability. The right foot disability claim is also denied.

The Board found no evidence of a nexus between the veteran's current back disorder and his service, concluding that any preexisting condition was not aggravated by service. The claim is therefore denied.