Back / lumbar spine decisions — 2001

The Board has restored the veteran's original 40 percent rating for his low back condition, finding that the evidence does not support a reduction to 20 percent.

The Board denied the veteran's claims for service connection for a right ear hearing loss and an increased rating for residuals of right (major) 5th finger fracture, but granted service connection for a back condition secondary to service-connected bilateral pes planus.

The Board has denied the veteran's claim for a higher rating for allergic asthmatic bronchitis, as it does not meet the criteria for a higher evaluation under either the old or new VA rating criteria. The issues of evaluating cervical and lumbar spine myositis are deferred pending adjudication of service connection for cervical and lumbar disc disorders.

The Board found that the veteran's right knee disability did not meet or approximate criteria for a higher evaluation than currently assigned, as his range of motion was limited to 0-110 degrees with pain beyond this point. The lumbar spine condition was also addressed but no rating was provided due to lack of information.

The VA determined that the veteran's low back disability with degenerative changes and degenerative disc disease warrants a 40 percent evaluation, which is the current rating for this condition. The Board found no evidence to support an increase in the disability rating.

The Board denied the veteran's claims for service connection for GERD, an increased rating for postoperative HNP of the lumbar spine, and a higher rating for dislocation of the left shoulder. The claim for left chest pain due to cardiovascular procedure was not addressed as it did not involve service connection.

The Board has determined that the veteran's service-connected traumatic arthritis of the lumbar spine, with intervertebral disc syndrome and associated symptoms, warrants a 40 percent rating under Diagnostic Code 5293.

The Board denied the veteran's claims for service connection for bilateral hearing loss and low back disorder (scoliosis) due to a lack of evidence showing current disabilities within VA compensation criteria.

The Board denied the veteran's claims for compensable evaluations for his service-connected lumbar spondylosis and status post left knee fibular fracture, finding no basis for a higher rating under applicable VA regulations.

The Board found that the appellant's back disorder existed prior to his entry into service and was not caused by military service, thus denying service connection.

The Board denied service connection for the veteran's left knee disorder, chronic low back pain, and left shoulder disorder. Service connection was granted for mixed vascular and tension-type headaches (30% disabling) and bilateral ureteroceles and diverticulum, left ureter (noncompensable).

The Board has granted service connection for chronic lumbar strain and chronic cervical strain, but denied a compensable rating for residuals of a left hand fracture.

The Board has denied the veteran's claim for service connection for a low back disability secondary to Buerger's disease of the right lower extremity with right leg amputation, finding that there is no evidence linking the current low back disability to the service-connected condition.

The veteran's nonservice-connected disabilities, including anxiety disorder with depression and hypertension, do not render him unemployable for pension purposes.

The veteran's appeal was dismissed due to his death during the pendency of the appeal.

The veteran's appeal is denied as there was no medical evidence showing that his disabilities prevented him from initiating or completing an educational program during the claimed periods.

The veteran's claims for service connection for low back, bilateral knee, and right elbow disabilities are being remanded due to the need for additional medical examination.

The Board has determined that the appellant is entitled to service connection for a back condition, which was previously denied. The decision is based on direct evidence of a link between the veteran's military service and his current back condition.

The Board has determined that the veteran's back disorder, bilateral ankle disorder, and Charcot-Marie-Tooth syndrome are all service-connected. The evidence supports these findings based on his combat experience during World War II.

The veteran's service-connected disability (residuals of herniated nucleus pulposus of the lumbar spine) does not prevent him from engaging in substantial and gainful employment compatible with his education and work experience, thus he is not individually unemployable by reason of service-connected disability alone.