Back / lumbar spine decisions — 2001

The Board has determined that the veteran's claim for an earlier effective date for service connection of degenerative arthritis of the lumbar spine is denied. The issue of a higher initial rating for his service-connected degenerative arthritis of the lumbar spine will be addressed in the REMAND portion of this decision.

The Board has granted service connection for a left knee disorder, genital herpes, and a right thigh contusion. The veteran is assigned a noncompensable rating for his cervical spine disability.

The Board found that the veteran's lower back disorder was not present during service and is not related to his military service. As a result, the claim for service connection was denied.

The Board has determined that the veteran does not meet the criteria for a compensable evaluation for his shell fragment wound scars of the left cheek and buttocks. The RO is directed to schedule the veteran for VA examinations to determine if he has any of the claimed disabilities.

The Board has remanded the case due to new regulations and additional development is required.

The Board has reopened the veteran's claim for service connection for a back disability due to new and material evidence submitted since the December 1998 rating decision. The RO is directed to schedule the veteran for an orthopedic examination to determine if his current back disability is related to military service.

The Board has granted the veteran's claim for service connection for a back disability, finding that it was decided on the merits and not based on any presumption or secondary to another condition.

The veteran's appeal for an increased rating for lumbar spine degenerative joint disease, disc bulge L5-S1 was denied. The claim of entitlement to a total disability rating based on individual unemployability (TDIU) was also denied.

The Board has granted an increased rating of 100 percent for PTSD, finding the veteran demonstrably unable to obtain or retain employment due to his service-connected disability. The claim for a new and material evidence to reopen cervicodorsal strain was denied as no new evidence was submitted that would change the outcome.

The Board denied service connection for low back pain as secondary to a service-connected disability of the sural nerve distribution of the left foot due to lack of evidence of a current low back disorder.

The Board found that the veteran did not have a low back disability incurred in service and denied his claim for service connection. For his right knee disability, he was granted an initial rating of 10% but denied any increase to higher ratings.

The Board has determined that the veteran's back disability is related to his service and granted service connection for this condition.

The Board denied the veteran's claims for service connection for asbestos exposure and a current rating in excess of noncompensable for his lumbar strain with degenerative changes, finding that there was no evidence of asbestosis or other asbestos-related disease. The initial noncompensable rating assigned for the lumbar strain with degenerative changes is maintained.

The Board has denied the veteran's claims for increased ratings for her right and left knee disabilities, as well as her claim to reopen a previously denied claim for service connection of a left hip disability. The low back disability was also denied. The veteran is currently rated at 20% for both knees combined.

The veteran's claim for an increased rating for his left ankle sprain, severe, lateral ligament condition is granted. Service connection for a low back condition and right leg/right ankle condition secondary to the service-connected left ankle condition are also granted.

The Board has determined that the veteran did not submit new and material evidence to reopen his claim for service connection for a back disorder. The issue of whether there was clear and unmistakable error in the original rating decision is still pending.

The Board finds that the veteran's bilateral patellofemoral syndrome and low back strain are related to service, granting service connection for both conditions.

The veteran's back scoliosis and right knee degenerative joint disease were not found to be related to service. However, the left lung tumor was granted service connection as it is considered a direct result of service.

The Board found that new and material evidence had been submitted to reopen the claim for service connection of a low back disability, but did not determine whether this condition was incurred in or aggravated by service.

The Board denied the veteran's appeal for service connection for a lumbosacral back disorder, finding that his complaints of back pain in service were manifestations of scoliosis and there was no evidence of an injury or increase in disability during service.