Back / lumbar spine decisions — 2000

The Board has granted an increased rating of 20 percent for the veteran's low back disorder, effective October 22, 1997.

The veteran's service-connected conditions, including patellofemoral syndrome and tendinitis of the knees, chronic lumbosacral strain, and bilateral pes planus, are currently evaluated as noncompensably disabling.

The Board has denied increased ratings for chronic lumbar syndrome and bilateral hearing loss, but granted the veteran's request to reopen his service connection claim for hypertension and heart disease due to radiation exposure. The decision is mixed as some issues were granted while others were not.

The veteran's claim for an increased evaluation of his chronic lumbosacral strain is being remanded due to the need for a personal hearing.

The Board found new and material evidence sufficient to reopen claims for service connection for post-traumatic neurosis and lumbosacral strain, but denied the claim for post-traumatic neurosis due to lack of pre-service diagnosis. Service connection was granted for lumbosacral strain.

The veteran's low back disability is rated at 40 percent, reflecting severe impairment with demonstrable limitation of motion and marked functional loss due to pain.

The veteran's service-connected lumbosacral spine disability is rated at a maximum of 60 percent, the highest schedular rating available under VA guidelines.

The Board has determined that the veteran's left hip and low back disabilities are not secondary to his service-connected left knee or femur fractures, and thus denied these claims. The claim for an increased rating for residuals of a left femur fracture is granted.

The Board has determined that the veteran's back disorder is service-connected, as it was aggravated by his military service.

The RO denied the veteran's claims for increased ratings for PTSD and a low back disorder, with the Hearing Officer assigning a 30 percent rating for PTSD but continuing the noncompensable rating for the low back disorder.

The veteran's claims are being remanded due to the need for additional development and review in accordance with recent legislation.

The Board has determined that the veteran's cervical spine disability is likely due to an injury sustained during his combat service in World War II, and thus grants service connection for this condition.

The Board has determined that the veteran's low back disorder, diagnosed as degenerative disc disease of the lower lumbar spine with facet joint arthritis, likely had its inception during his active service. As such, the claim for service connection is granted.

The Board has determined that further development is needed to determine the cause of the veteran's current back disability and whether it is related to his service. The case will be returned for this purpose.

The Board has granted a 20 percent evaluation for the veteran's lumbar disc disease effective November 4, 1996. The claimant contends that he is entitled to an earlier effective date.

The VA determined that the appellant does not have an employment handicap due to her service-connected low back disability, and thus is not eligible for vocational rehabilitation benefits under Chapter 31.

The Board has reopened the veteran's claim of service connection for a back disorder due to new and material evidence submitted since the last final decision. The case is remanded for further development, including obtaining medical records and verifying periods of active duty.

The Board has restored the veteran's original 20% evaluation for low back disability, effective from November 1, 1998.

The Board has determined that the veteran does not have a current left knee impairment and her service connection claim for this condition is denied. The claims of entitlement to service connection for back pain and migraine headaches are also denied as there is no competent evidence of these conditions during or after service.