Back / lumbar spine decisions — 2000

The Board has denied the reopening of claims for service connection for traumatic arthritis of the right ankle and low back disorder due to lack of new and material evidence.

The Board has granted service connection for a low back disorder and hypertension, but denied service connection for a heart disorder. The rating for hypertension remains at 10 percent.

The Board denied service connection for pes planus and did not assign a rating for the fractures of the fingers or low back strain. The appeal is considered 'denied' as no new evaluation was granted.

The veteran's appeal was denied on all issues, including increased ratings for a neuropsychiatric disorder and service connection claims.

The Board denied the veteran's claims for increased ratings for hypertension, right knee disability, left knee disability, shin splints, cervical strain, and lumbosacral strain. The RO assigned the current 10 percent rating since the grant of service connection.

The Board denied the veteran's claims for service connection of low back pain secondary to his left ankle disability and a rating in excess of 20 percent for residuals of his left ankle fracture with dislocation and fusion. The veteran's left ankle disability is currently rated at 20 percent disabling.

The Board has granted a 100% evaluation for post-traumatic stress disorder, effective prior to May 22, 1998. The issues of an increased rating for the right buttock gunshot wound and service connection for osteoarthritis of the right hip and lumbosacral spine are remanded due to conflicting findings and diagnoses.

The veteran's right hip disability and lumbosacral strain with degenerative changes are not service-connected, and his total disability rating based on unemployability due to service-connected disabilities is denied.

The Board denied service connection for low back pain and an acquired psychiatric disorder (panic disorder with agoraphobia), finding that the veteran's pre-existing conditions did not worsen during military service.

The Board has determined that the appellant's low back disability warrants a 60 percent rating, effective from all periods during which this appeal has been pending.

The Board denied the veteran's claims for an increased evaluation for residuals of a right femur fracture and service connection for a low back disorder. The denial is based on the current evidence not showing moderate or marked hip or knee disability, fracture of the surgical neck of the femur with a false joint, fracture of the shaft or anatomical neck of the femur with nonunion with weight-bearing preserved with the aid of a brace, or with loose motion.

The Board denied the veteran's claims for service connection and increased rating, finding that his back disability was not related to service. The left knee and right ankle injuries were also found unrelated to service.

The veteran's claim for a higher rating for his service-connected lumbosacral strain with degenerative disc disease was denied. The current evaluation of 20 percent is maintained.

The Board denied the veteran's claim for service connection for a chronic low back disability, finding that there was no evidence of such condition during or within one year after his military service.

The Board denied an increased disability evaluation for chronic low back strain with degenerative disc disease, finding that the veteran's current condition does not warrant a rating in excess of 10 percent.

The VA has denied an increased rating for lumbosacral strain and dermatitis, but granted a 10% evaluation for dermatitis. The claim to reopen service connection for syringomyelia with syrinx in the cervical spinal canal was not successful.

The Board denied a rating in excess of 50 percent for PTSD and did not grant service connection for degenerative disc disease of the lumbar spine.

The Board has determined that the veteran's low back disability does not warrant a higher evaluation, as his range of motion is not severe enough to meet the criteria for a higher rating under Diagnostic Code 5293. The current 20 percent rating adequately reflects the functional impairment due to pain and other symptoms.

The Board has determined that additional development is needed to verify the appellant's reported stressors and determine if he currently has disabilities resulting from the disorders claimed as service connected. The case is being remanded for further action.

The Board has determined that an increased rating for residuals of a gunshot wound to the left shoulder is not warranted, as the veteran's disability currently meets the criteria for a 30 percent evaluation. The issues regarding secondary service connection for cervical spine and acromioclavicular joint disorders are also addressed.