Back / lumbar spine decisions — 2001

The Board has determined that the November 1984 rating decision contained clear and unmistakable error (CUE) in not granting service connection for chronic lumbosacral strain. The veteran's DJD of the lumbosacral spine is now granted.

The Board is remanding the case for further development to determine if the veteran's current low back disability is related to his active military service or a service-connected condition.

The Board has granted a disability rating of 40 percent for the veteran's low back disability, effective from January 8, 1999. The original rating was increased to 20 percent from May 16, 1995.

The Board found that the veteran's low back disability, characterized by severe limitation of motion due to pain and mild tenderness at L4-5, did not meet or approximate the criteria for a higher rating under Diagnostic Code 5293. The maximum schedular evaluation available is 40 percent.

The Board of Veterans' Appeals has denied the veteran's claim for service connection for a back disorder, finding that it is not related to his in-service low back sprain/strain and thus decided on the merits.

The Board has determined that the veteran's post-operative lumbar disc disease is aggravated by his service-connected right leg disability, leading to a decision on both issues.

The Board found that the veteran's congenital low back disability preexisted entrance into active service and did not sustain any permanent increase in severity during active service, thus denying his claim for service connection.

The Board denied the veteran's claim for an increased rating for his service-connected back disability, currently rated at 20 percent.

The Board granted a 20 percent rating for the service-connected lumbar disc disease, L4-L5, effective August 21, 2001.

The VA has determined that the veteran's service-connected post-operative lumbar intervertebral disc syndrome does not warrant an increased rating beyond 60 percent due to lack of marked interference with employment or frequent periods of hospitalization.

The Board has denied the veteran's claim for service connection for lumbosacral strain as secondary to his service-connected pes planus. The case is remanded for further development and consideration.

The Board has determined that the veteran's claim for nonservice-connected pension benefits should be remanded due to incomplete medical records and employment status.

The Board has reopened the veteran's claims for service connection for COPD and a back disorder, but new evidence does not establish that these conditions are related to service. The case is remanded for further development of medical records.

The veteran's claims for service connection for a low back disability and peripheral neuropathy as secondary to his shell fragment wounds of the legs, as well as his claim for increased evaluations for his shell fragment wound residuals, were denied. The case is remanded for further examination and review.

The Board denied the veteran's claims for an increased evaluation for PTSD, service connection for a left knee disorder and low back condition, as well as reopening of his hearing loss disorder claim. The decision is final.

The Board found that new and material evidence had not been presented to reopen the claim for service connection for a low back disability, but also noted that there was no clear and unmistakable error in the original denial. The decision is considered final.

The Board found that the veteran's low back and right knee conditions do not warrant an increased rating or a separate compensable evaluation.

The veteran's service-connected arthritis of the lumbar spine is currently rated at 40 percent, and the Board finds that a higher rating is not warranted.

The Board found that the veteran's lumbar injury disability did not improve to a degree warranting restoration of a 40% rating, and thus upheld the reduction from 40% to 20%.

The veteran's service-connected disabilities, including chronic lumbar syndrome and muscular atrophy of the lower extremities, are sufficiently severe to preclude him from securing or following a substantially gainful occupation.