Back / lumbar spine decisions — 2000

The veteran's service-connected disabilities, including PTSD and multiple orthopedic issues, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted a total rating based on individual unemployability due to these conditions.

The Board has determined that the veteran's current lumbar spine disability is as likely as not due to a pre-existing low back strain that was aggravated by his service-connected injury while on INACDUTRA in February 1966. As such, the claim for service connection is granted.

The Board has granted a 40 percent evaluation for the veteran's service-connected multilevel degenerative changes of the lumbar spine with limitation, which is more than the current 20 percent rating.

The veteran's service-connected disabilities, including PTSD, cervical spine degenerative arthritis, and other conditions, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted a total disability rating based on individual unemployability.

The Board denied the veteran's claims for ratings in excess of 10 percent each for residuals of lumbosacral strain and post-concussion syndrome with headaches, finding that the evidence did not meet the criteria for a higher rating.

The veteran's claim for a higher initial evaluation for his service-connected low back pain with sciatica is being remanded due to the need for additional evidence and development.

The veteran's asthma and degenerative disc disease of the cervical spine were granted service connection, but neither condition was rated higher than 10 percent.

The Board has granted service connection for a cardiac disability characterized as sinus bradycardia and awarded an original evaluation of 10 percent for right and left wrist disabilities. Service connection was also established for lumbar, cervical, and thoracic spine disabilities. However, the Board denied claims for service connection for pulmonary and sinusitis disabilities due to lack of current diagnosis.

The Board has determined that the veteran's back disorder is not secondary to his service-connected knee disabilities, and his right shoulder disorder was incurred in service.

The Board determined that the veteran's service-connected low back disability, which is manifested by protruded right fifth disc with lumbosacral strain and has been rated at 20 percent since 1980, does not warrant an evaluation in excess of this rating due to lack of significant symptoms related to the condition. The examiner concluded that most of the veteran's reported pain and weakness are secondary to his stroke.

The Board has determined that the veteran's chronic low back syndrome does not warrant a rating in excess of 10 percent.

The VA denied an increased rating for the veteran's service-connected idiopathic scoliosis of the lumbar spine, currently rated at 40 percent.

The Board denied the veteran's claims for increased ratings for paroxysmal atrial fibrillation and low back disorder due to his failure to report for scheduled VA examinations.

The Board has granted a rating of 60 percent for the service-connected lumbosacral spine disability, effective from May 4, 1989. The veteran's claim for an earlier effective date was denied. Service connection for chronic skin disorder and recurrent swelling of upper extremities is not supported by evidence.

The Board has determined that the veteran does not have a chronic back disorder or a disability of the elbows that was incurred in or aggravated by active service. The claim for bilateral hearing loss is also denied as there is no evidence showing a compensable rating.

The Board denied the veteran's claims for service connection for various conditions, including amblyopia of the left eye, headaches, a left arm/shoulder disorder, and a left hand disorder. The low back disorder was granted with a 10 percent rating, but no hearing loss rating was assigned.

The Board denied increased disability ratings for the veteran's service-connected lumbosacral strain and joint space narrowing of both knees, finding that the evidence did not meet the criteria for a higher evaluation.

The Board denied the veteran's claims of entitlement to service connection for a back disorder, an eye disorder, residuals of a left inguinal hernia repair, bilateral hearing loss, and a dental disorder. The RO found no new and material evidence to reopen these claims.

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

The veteran's claim for an increased rating for his service-connected low back strain is being remanded due to the inadequacy of a previous VA examination and the need to obtain additional medical records.