Back / lumbar spine decisions — 2001

The Board has determined that the veteran's current lumbosacral strain and radiculopathy do not warrant an evaluation in excess of 40 percent.

The veteran's service-connected headaches are currently rated at 30 percent, which is the maximum rating available under Diagnostic Code 8100. The RO has granted a separate noncompensable rating for his hiatal hernia with gastroesophageal reflux (GER) effective from November 2, 1998.

The veteran's service-connected disabilities, including arthritis of the lumbar spine with DDD, left and right knee and ankle arthritides, as well as postoperative foot disabilities, have been granted increased evaluations.

The veteran's service-connected lumbosacral strain is rated at 20 percent, which the Board finds insufficient to reflect his current level of disability. The evidence shows that he experiences chronic and recurrent low back pain with a burning sensation radiating into his hip and leg.

The Board has determined that the veteran's service-connected degenerative disc disease, L4 to L5 fracture, status post spinal fusion warrants a 40 percent evaluation. The veteran also meets criteria for a total rating based on individual unemployability due to his disability.

The veteran's appeal of the issues related to right ear hearing loss, left hip disability, and back disability is denied. The issue of entitlement to an original rating for residuals of a fracture of the right maxillary bone will be remanded.

The Board has granted a separate evaluation of 20 percent for the veteran's degenerative joint disease of the lumbar spine, effective January 1, 1996. The RO also assigned a noncompensable evaluation for his service-connected right foot disability.

The Board denied the veteran's claim to reopen his service connection for a back disorder, finding no new and material evidence presented.

The veteran's service-connected disabilities prevent him from obtaining and retaining employment consistent with his abilities, aptitudes, and interests; thus he has an employment handicap. The Board finds that the veteran meets the criteria for entitlement to benefits under Chapter 31, Title 38, United States Code.

The Board has reopened the veteran's claim for service connection of a low back disorder, but it remains to be determined whether new evidence is sufficient to grant service connection.

The VA denied the appellant's claim for service connection for his back disability, finding that there was no causal relationship between any current back disability and an injury during service.

The Board found that the veteran's major depressive disorder and recurrent lower back pain with a lumbosacral strain were not incurred or aggravated by service. The claim for increased rating was also denied.

The Board found that the veteran's headaches are not related to his service-connected fracture of the nose and denied his claim for service connection. His increased rating claim for low back syndrome is pending.

The veteran's service-connected left hip dislocation, low back degenerative joint disease, and left knee arthritis are all rated at 20 percent. The RO has granted increased ratings for these conditions.

The veteran's combined service-connected disability rating is 70%, and he has overcome his employment handicap by securing and maintaining a job consistent with his abilities, aptitudes, and interests.

The Board found no competent medical evidence of current leg or knee disorders, and thus denied service connection for these conditions.

The veteran withdrew his appeal regarding the earlier effective date for service connection of low back disability.

The Board denied entitlement to higher ratings for the veteran's left Achilles tendinitis and degenerative disc disease of the lumbar spine at L4-5, both currently rated as 10 percent disabling.

The Board found that the appellant's low back disability, primarily manifested by severe lumbosacral strain or mild intervertebral disc syndrome, does not warrant a rating in excess of 40 percent.

The Board has remanded the case for additional development, including obtaining medical records and scheduling VA examinations. The veteran's service connection claims are currently in appellate status.