Back / lumbar spine decisions — 2001

The Board denied the veteran's claim for an evaluation greater than 40 percent for her back disability, finding that the evidence did not support such a rating.

The veteran's service-connected osteoarthritis of the lumbar spine with L5-S1 spurring is currently manifested by back pain interfering with walking, sitting, standing, lying down, and sleeping. The RO denied an evaluation in excess of 20 percent for this condition.

The veteran died due to a severe concussion resulting from a motor vehicle accident. The Board found that the cause of death was his own willful misconduct, as evidenced by his high blood alcohol content at the time of the accident.

The Board has determined that the veteran's entitlement to a total rating based on individual unemployability due to service-connected disability (TDIU) arose prior to March 2000, and therefore grants an effective date of May 1, 1999 for this benefit.

The Board granted an increased evaluation of 20 percent for degenerative joint disease of the lumbar spine and assigned a 10 percent initial evaluation for dysthymic disorder, both effective from March 2, 2000.

The veteran's claims for increased evaluations for his low back disorder, right leg varicose vein stripping scars, hemorrhoids, and knee disorders were denied. The RO found that the evidence did not support an evaluation in excess of 10 percent for any condition.

The Board has determined that new and material evidence has been presented to reopen the veteran's claim for service connection for a lower back disorder, and thus the claim is granted.

The Board has granted a total disability rating for the period preceding December 7, 1999 due to service-connected cervical spine disability.

The Board denied the veteran's claims for increased ratings and a TDIU due to his service-connected right knee instability and lumbar paraspinal muscle spasm, finding that the evidence did not support higher evaluations based on the current level of disability.

The Board has remanded the veteran's claims for additional development of evidence and to determine the current nature and etiology of his claimed lung and back disorders.

The veteran's claims for increased ratings and a total disability rating based on individual unemployability were denied. The RO confirmed the existing combined rating of 90 percent for service-connected disabilities, which included bilateral hearing loss (rated at 60%), lumbosacral strain (rated at 40%), PTSD (rated at 30%), residuals of TUR of the bladder neck with benign prostatic hypertrophy (rated at 20%), and a cyst of the epiglottis (noncompensable).

The Board denied the veteran's claims for an initial rating in excess of 30 percent for endometriosis from October 14, 1994 to March 23, 1998 and for a higher rating on an extra-schedular basis during this period. The veteran's endometriosis was rated at 30 percent disabling under Diagnostic Code 7629.

The veteran's request for an effective date earlier than October 1, 1998 for payment of additional dependency allowance for his two dependent children was denied. The RO had previously granted a 60 percent rating for the veteran's service-connected lumbosacral spondylosis on February 28, 1995.

The Board has determined that the case must be remanded to obtain additional medical records and determine if the veteran's current back disorder is related to his inservice injury.

The Board has granted service connection for left hip sprain and assigned a 10 percent evaluation. The veteran's lumbar spine injury is rated as moderate with no additional limitation due to pain, spasm, or weakness. Bilateral tinnitus is rated at the maximum allowable under VA guidelines. Service connection was also established for bilateral hearing loss and right hip sprain. A noncompensable rating has been assigned for bilateral hip tendonitis.

The Board has determined that new and material evidence has been presented to reopen the veteran's claim for service connection for a back disorder. The evidence, including a private medical opinion linking the current back condition to an in-service injury, is sufficient to meet this requirement.

The Board denied the claims for increased evaluations and eligibility for educational assistance, finding no new evidence to reopen service connection claims or establish entitlement. The low back condition was rated as noncompensable, chondromalacia of both knees as noncompensable, residuals of a left foot scar as noncompensable, and hallux valgus on the right as 10 percent disabling for purposes of accrued benefits.

The veteran's claim for an earlier effective date for the award of service connection for chronic left shoulder disability is denied.,The veteran's claim for a higher rating for his right knee disability and entitlement to TDIU are granted, with the effective dates being August 18, 1997, and November 6, 1996 respectively.,The veteran was found unemployable due to service-connected disabilities as of November 6, 1996.

The Board has determined that the evidence does not support a finding of entitlement to an increased evaluation for any of the veteran's service-connected disabilities. The current 10 percent ratings are deemed appropriate based on the clinical findings and diagnostic codes applied.