Back / lumbar spine decisions — 2001

The Board has reopened the veteran's claim for service connection for a low back disability due to new and material evidence submitted by the appellant.

The Board has granted service connection for bilateral hearing loss and a low back disorder, but denied service connection for asthma. The veteran's current hearing loss is considered to be related to noise exposure during military service. For the low back disorder, the Board found that there was no clear evidence of injury in service, but accepted the veteran's account of an injury and granted service connection based on a finding of equipoise.

The veteran's lumbar spine disability was increased to a 50 percent rating, effective from the date of original grant. The veteran's PTSD and traumatic amputation were not granted higher ratings.

The Board found no causal relationship between the veteran's current low back disability and his active service or any incident thereof, thus denying service connection.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for a back disorder, including claims for lumbar facet syndrome, scoliosis of the dorsolumbar spine, right and left sacroiliitis, and lumbar spondylosis or degenerative joint disease. The case is remanded for further development.

The veteran's appeal is being remanded for further development regarding his lumbosacral strain and TDIU claims due to the need for a VA examination to determine if the service-connected condition alone prevents him from obtaining and maintaining gainful employment.

The Board has granted service connection for residuals of a June 15, 1988 lumbar injury including degenerative joint disease involving the lumbar spine. The claim for arthritis affecting the shoulders, hips, and ankles is pending.

The veteran's service-connected degenerative disc disease of the lumbar spine, postoperative, was granted a 60 percent rating from June 1, 1999. The RO found that his disability warranted this higher evaluation based on severe radiating pain and functional loss due to pain and weakness.

The Board has determined that the veteran's thoraco-lumbosacral strain does not warrant a rating in excess of 10 percent, as there is no evidence of muscle spasm or significant limitation of motion.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claims for service connection of arthritis of multiple joints, but it is unclear whether this evidence supports a finding of service connection due to the mixed disposition.

The Board has granted a 60 percent evaluation for the veteran's traumatic arthritis and degenerative joint disease due to lumbosacral strain, which is more than the current 40 percent rating.

The Board found that the veteran's hypertension did not increase in severity during service and was therefore not aggravated by service. The right knee disability is currently rated at 20 percent, but the veteran contends an increase in severity warranting a higher rating.

The VA has denied increased ratings for the veteran's thoracic spine disability and right hand laceration residuals, finding that current evidence does not meet the criteria for a higher rating under applicable diagnostic codes.

The Board has determined that the veteran's lumbosacral strain warrants a 20 percent disability rating, based on moderate limitation of motion and degenerative disc disease.

The Board found that the veteran's low back disability, evaluated as 20 percent disabling under Diagnostic Code 5293 for intervertebral disc syndrome, does not warrant a higher rating due to lack of evidence supporting more severe impairment.

The Board denied an increased rating for the service-connected right knee disability and declined to reopen the claim of service connection for chronic low back disability. The veteran's thoracic spine disability was rated at 10 percent, based on limitation of motion.

The veteran's service-connected low back disorder did not meet the criteria for a higher rating due to moderate limitation of motion and no severe impairment.

The veteran's service-connected disability is rated at 40 percent, and the Board has granted a 60 percent rating based on pronounced intervertebral disc syndrome.

The Board has denied the veteran's claims for increased ratings for his service-connected diabetes mellitus and low back condition with degenerative joint disease, finding that the evidence does not meet the criteria for a higher rating under the applicable VA rating schedule.

The Board denied the veteran's claims of service connection for a back disorder, bilateral hearing loss, and a psychiatric disorder due to lack of new and material evidence.