Back / lumbar spine decisions — 2000

The Board has determined that the appellant's service-connected disabilities, including a back disability, right toe disability, and scar on his right distal tibia, have rendered him unable to secure or follow a substantially gainful occupation. As such, he is granted a total rating for compensation based on individual unemployability.

The Board granted service connection for a low back disorder secondary to the appellant's service-connected left ankle disability, but denied an increased rating for his left ankle condition.

The veteran's low back strain is currently rated as noncompensable prior to February 4, 1998 and 10 percent thereafter. The right knee ACL tear is currently rated at 30 percent. The traumatic arthritis of the right knee is currently rated at 10 percent.,The veteran's service-connected conditions do not warrant a higher rating based on the current evidence.

The Board has remanded the case for further development, including obtaining VA examinations and reviewing outstanding medical records. The veteran's claims of increased evaluations for his left ankle fracture and lumbar strain are well-grounded, but the RO must ensure all relevant evidence is considered before making a decision.

The Board has determined that new and material evidence has not been received to reopen the veteran's claims for service connection for back disability and psychiatric disability. Therefore, these claims are denied.

The veteran's claim for a total disability rating based on unemployability due to service-connected disabilities is granted with an effective date of February 17, 1995.

The Board denied the veteran's claim for an increased disability rating for her service-connected lumbar strain, finding that the degree of disability does not meet the criteria for a higher rating.

The Board has determined that the veteran's current low back pain is related to his service and finds that he incurred a disability during active duty. Service connection for a low back disability is granted.

The veteran's gastrointestinal disorder, characterized by gastric erosions and constant epigastric pain, is now rated at the highest possible 30 percent under Diagnostic Code 7307. His low back disorder, with significant loss of motion but no severe symptoms or signs, remains at a 10 percent rating.

The veteran's low back disability is rated at 40 percent, the highest possible rating under applicable criteria. The condition involves severe limitation of motion on backward extension and additional functional impairment due to pain.

The Board found that the veteran's claims for service connection were not well-grounded, and thus denied them. The chest nerve damage claim was related to treatment provided for a service-connected lumbosacral strain with postoperative residuals of a T5-6 diskectomy. The leg disorder claim was secondary to his service-connected lumbosacral strain and status post diskectomy at T5-6.

The Board denied service connection for a lumbar disc disorder and an increased evaluation for arthritis and myositis of the lumbar spine, finding that the veteran's conditions were not related to his military service.

The Board denied the veteran's claims for increased evaluations for PTSD, diabetes mellitus, bilateral hearing loss, and lumbosacral strain. The current ratings of 30%, 20%, 50%, and 10% respectively are maintained.

The Board denied the veteran's claims for an increased evaluation for his service-connected chronic lumbosacral instability with DJD and for service connection for a chronic upper gastrointestinal disability as secondary to his low back disability. The veteran's low back disability is currently rated at 20 percent.

The Board denied the veteran's claims of service connection for cervical and lumbar spine disabilities, finding that new and material evidence had not been submitted to reopen these previously denied claims.

The Board found no competent evidence linking the veteran's current back or stomach disabilities to his military service.,For the left shoulder disability, the VA examination showed slight deformity and atrophy but normal range of motion.

The Board has determined that the veteran's claim for service connection for a bilateral ear disorder, to include bilateral hearing loss is well grounded. However, further examination and development are needed before the merits of this claim can be evaluated.

The Board has granted an increased rating of 20 percent for lumbosacral strain, effective from the date of receipt of his claim. The veteran's total evaluation based on individual unemployability is remanded.

The veteran's lumbosacral strain has been rated at 40% since June 13, 2000.,The right knee disability was initially granted with a noncompensable rating from September 1, 1995 to February 11, 1998. It was then increased to 10% from February 12, 1998 to June 12, 2000 and further increased to 40% after that date.

The veteran's service-connected lumbar strain was initially rated at 10 percent from April 29, 1995 through November 8, 1998.,From November 9, 1998, the disability evaluation increased to 20 percent.