Back / lumbar spine decisions — 2001

The veteran's right ankle disability is rated at 40 percent, and the claim for increased evaluation of his right ankle fusion with traumatic arthritis is granted. The claims for service connection for tinnitus, a back disorder, and a disorder of the knees are also granted as secondary to his right ankle disability.

The Board has found new and material evidence to reopen the veteran's claim of service connection for a back disorder, which was previously denied in June 1977. The case is now remanded for further development.

The veteran's claim for an increased rating for his service-connected lumbar spine disability is being remanded due to the need for additional development, including obtaining medical records and arranging for a VA examination.

The Board of Veterans' Appeals denied the veteran's request for an increased evaluation for his service-connected low back strain with degenerative changes.

The Board has granted a 40 percent disability rating for chronic lumbar strain and a 20 percent disability rating for chronic right ankle strain, both of which are currently rated at 10 percent.

The veteran is in need of the regular aid and attendance of another person due to his left lower extremity weakness resulting from cervical and lumbosacral spine surgery. He qualifies for special monthly pension at the rate provided by 38 U.S.C.A. § 1521(d).

The veteran's increased ratings for his eye and spine conditions were granted, while the hiatal hernia rating was maintained at 10 percent.

The Board found that the appellant did not have veteran status for VA benefits purposes during his periods of active duty for training and inactive duty for training in the U.S. Air Force Reserves, and thus could not establish service connection for a back disorder.

The Board has reopened the veteran's claim for service connection due to new and material evidence. The Board also found that a cervical spine disability, including degenerative arthritis and degenerative disc disease, was incurred during active service.

The Board has denied the veteran's claims for service connection for degenerative disc disease and osteoporosis of the lumbar spine, as well as a bilateral leg disorder, both claimed as secondary to his service-connected COPD/asthma.

The Board denied the veteran's claims for increased evaluations for his service-connected chronic sinusitis, chondromalacia of the right knee, and lumbar diskectomy with central bulging disc. The veteran did not meet the criteria for a compensable evaluation under Diagnostic Code 6510 for chronic sinusitis or for an increase in evaluation beyond 10 percent under Diagnostic Codes 5257 and 5003 for chondromalacia of the right knee, or for an increase in evaluation beyond 40 percent under Diagnostic Code 5293 for lumbar diskectomy with central bulging disc.

The veteran's disability manifested by recurrent low back pain is due to an injury incurred in service, and the Board finds that it is likely that the veteran currently suffers from residual disability of the right middle finger. The claim for increased rating for residuals of fracture of the distal interphalangeal joint of the right middle finger is granted.

The veteran's appeals for an increased rating for PTSD and TDIU were dismissed due to the lack of a proper substantive appeal.

The Board granted service connection for PTSD and assigned a 30 percent evaluation effective October 30, 1995. The veteran's earlier effective date claim was denied as the original claim was filed on October 30, 1995. The Board also found that an increased rating for PTSD is warranted.

The Board denied an increased evaluation for PTSD and the gunshot wound to the lumbar spine, but granted service connection for osteoarthritis of the lumbar spine. The veteran's claim for arteriosclerotic heart disease was not reopened due to lack of new and material evidence.

The Board has denied the veteran's claims of service connection for a back disorder, residuals of cold injury/frostbite of the feet, allergic rhinitis/conjunctivitis, and lung/respiratory disorder due to lack of competent medical evidence showing current diagnoses.

The veteran's service-connected degenerative disc disease, lower lumbar spine is currently rated at 20 percent and the Board finds that this rating is appropriate based on the evidence of record.

The Board has restored the appellant's 10% disability rating for bronchitis from November 7, 1996. The issues of service connection for osteoarthritis of the right knee and secondary service connection for left knee disorder are remanded for further development.

The Board denied the appellant's claims for increased ratings for arthritis in the hands, bilateral plantar fasciitis, and osteoarthritis of the lumbar and thoracic spine. The evaluations were found to be appropriate based on the current functional impairment.

The Board has granted a 60 percent rating for the veteran's low back disorder, which is the maximum schedular rating available under Diagnostic Code 5293.