Back / lumbar spine decisions — 2000

The veteran is currently receiving a 40 percent evaluation for his service-connected herniated disc disease of the lumbar spine. He contends that this disability is more disabling than what the current rating reflects, citing job loss due to back problems. The RO has ordered another VA examination to assess the severity of his condition and determine if he is entitled to higher ratings based on pain or other functional limitations.

The Board found that the veteran's claims of PTSD, schizophrenia, and low back disability were not well grounded due to a lack of medical evidence linking these conditions to service.

The veteran's appeal for service connection for disorders of the lumbar and thoracic spine has been withdrawn by his authorized representative.

The veteran's claim for an increased rating for his service-connected low back injury residuals, with degenerative disc disease L5-S1, is being remanded due to the need for additional medical records and a thorough review of his treatment history.

The veteran's lumbosacral strain with arthritis is now rated at the maximum allowable under Diagnostic Code 5293, which corresponds to pronounced intervertebral disc syndrome.

The Board denied the veteran's claim for an extraschedular evaluation for his low back disability, finding that the evidence did not warrant submission of this matter to the Under Secretary for Benefits or the Director of the Compensation and Pension Service for assignment of such.

The Board has granted an increased rating of 50 percent for the veteran's service-connected post-operative residuals of a left shoulder surgical repair, effective July 1, 2000. The lumbosacral spine disability remains at 60 percent.

The Board denied the veteran's claims for increased ratings for his lumbosacral strain and cervical strain, finding that the evidence did not meet the criteria for a higher rating under applicable schedular criteria.

The Board has determined that there is not sufficient evidence to support the veteran's claims for service connection for a back disability on either a direct or secondary basis.

The veteran's claims for service connection for lung disorder, skin disorder, stomach disorder, and back disorder were denied. The issue of whether new and material evidence has been submitted to reopen the skin disorder claim was not addressed properly by the RO. The veteran's PTSD claim was granted with an opportunity to appeal the initial evaluation.

The Board has determined that the veteran's lumbosacral strain does not warrant an increased rating beyond the current 40 percent, as there is no evidence of complete fixation of the spine or pronounced intervertebral disc syndrome.

The Board denied the veteran's claims for service connection and increased evaluations, finding no medical evidence linking his current conditions to service.

The Board has not reopened the claims for service connection due to lack of new and material evidence. The veteran's low back, right hand, left shoulder, and bronchitis disabilities are all considered well grounded but have not been granted service connection.

The veteran's appeal is for a higher rating for his service-connected low back disorder, currently rated at 20 percent. The RO has requested additional medical records and ordered a VA examination to assess the severity of the condition.

The Board denied the veteran's claims of service connection for a low back injury and an increased evaluation for PTSD, finding that new evidence did not reopen his previously denied claim.

The Board denied the veteran's claims for service connection for hemorrhoids and a low back disability, finding no evidence of aggravation or in-service injury that would support these claims.

The Board denied an increased rating for the veteran's service-connected low back disability and determined that the effective date for TDIU should be January 12, 1998. The veteran was not granted a higher rating for his low back condition, which remained at 40 percent disabling. For TDIU, the Board found that the veteran did not meet the criteria due to having multiple service-connected disabilities with combined ratings of less than 70%.

The veteran's initial ratings for chronic lumbar back pain with degenerative changes and status post fracture, chronic right foot pain have been granted at the maximum available evaluations. The TDIU claim has also been granted.

The Board found that the veteran's claims for service connection for low back and bilateral knee disabilities were not well-grounded, as there was no medical evidence linking these conditions to his military service.

The Board denied increased ratings for both the back injury and adjustment disorder, finding that neither condition warranted a higher rating under current criteria.