Back / lumbar spine decisions — 2001

The Board has granted a 60 percent evaluation for residuals of lumbar laminectomy with spinal stenosis, effective November 28, 1994, for purposes of accrued benefits.

The Board has determined that the veteran submitted new and material evidence to reopen his claim for service connection for a low back disorder. The claim is now reopened.

The Board has determined that the combined service-connected disability rating is correctly calculated as 50 percent. The veteran's appeal for a higher rating for lumbosacral strain remains pending.

The veteran's claim for a total evaluation based on individual unemployability was granted effective October 19, 2000. The Board found that the earliest date of entitlement to this rating is June 27, 1994.

The Board denied an increased disability rating for the veteran's service-connected lumbar myofascial strain and degenerative disc disease, currently evaluated at 40 percent.

The veteran's initial disability evaluations for post-operative residuals of left knee ACL and medial collateral ligament injuries, degenerative joint disease of the left knee, and degenerative disc disease at L4-5 and S1 were denied.

The veteran's claim for an increased rating for her service-connected degenerative joint disease of the lumbar spine is being remanded due to insufficient medical evidence and a need for further examination.

The veteran's claims for service connection were denied in an October 1996 rating decision. The Board dismissed the appeal due to lack of timely filing and found no new and material evidence to reopen the claims.

The Board has assigned a 60 percent evaluation for the veteran's lumbosacral strain with degenerative disc disease of the lumbar spine, which is the highest available rating under Diagnostic Code 5293.

The Board has determined that new and material evidence has not been submitted to reopen the claim for service connection for a back disorder, thus denying the claim.

The Board has determined that the veteran's pre-existing lumbar spine disability was aggravated during his second period of active service, and thus grants service connection for post-operative residuals, lumbar disc herniation.

The veteran's combined disability rating is no more than 40 percent, which does not meet the criteria for a permanent and total disability rating for pension purposes.

The veteran's service-connected low back disorder and major depression rendered him unemployable as of June 10, 1997. His effective date for TDIU is therefore set to that date.

The Board denied the veteran's claim for service connection for a low back disability, to include as secondary to his service-connected left shoulder disability. The issue remains pending.

The veteran's claim for an increased rating for his service-connected chronic low back syndrome is being remanded due to the need for additional development, including obtaining updated medical records and arranging for a VA orthopedic examination.

The Board has reopened the claim for service connection for low back strain and granted it. The veteran's pes planus, bilateral, continues to be rated at 30 percent.

During the period from March 17, 1979 through March 28, 1993, the veteran's service-connected low back disorder produced impairment equivalent to lumbosacral strain with characteristic pain on motion. The RO granted a 10 percent rating for this period.

The veteran's service-connected disabilities include bilateral pes planus, residuals of frostbite of the right and left feet, and a low back disorder. The RO granted increased ratings for these conditions and also granted entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.

The veteran's lumbar spine disability, organic mental disorder, left seventh cranial nerve disability, loss of sense of smell, and head, neck and facial scars are all currently rated at their maximum levels. The cervical spine disability with limitation of motion is granted a 20% rating.