Back / lumbar spine decisions — 2001

The VA determined that the veteran's low back disability warrants a 20 percent rating, effective February 17, 2001.

The veteran's service-connected low back disorder is currently rated at 20 percent, the maximum schedular rating for intervertebral disc syndrome (IVDS) under Diagnostic Code 5293. The RO has granted a higher rating based on current evidence of moderate to severe limitation of motion and subjective complaints of pain.

The Board has remanded the case due to changes in the law brought about by the Veterans Claims Assistance Act of 2000, requiring additional development and consideration.

The veteran's nonservice-connected lumbosacral strain and mild degenerative disc disease do not meet the criteria for a permanent and total disability rating for pension purposes, as they are not severe enough to prevent him from engaging in substantially gainful employment.

The Board denied the veteran's claims for an increased evaluation for lumbar myositis and for reopening his service connection claims for maxillary sinusitis and chest pain. The evidence did not meet the criteria for a higher rating, and new and material evidence was found in some cases but not sufficient to reopen all claims.

The veteran's claims for increased ratings were denied. The RO granted a 40 percent rating for right shoulder calcific tendonitis status post surgery and a 20 percent rating for lumbar paravertebral myositis prior to November 19, 1999. A 50 percent rating was assigned for major depression and TDIU was granted. The RO also granted a 40 percent rating for lumbar paravertebral myositis effective November 19, 1999.

The Board has granted a 40 percent rating for the veteran's traumatic arthritis of the lumbar spine, effective January 6, 2000. The rating is based on moderate limitation of motion with pain.

The Board denied the veteran's claim for an extension beyond the basic period of eligibility for a program of vocational rehabilitation training due to his service-connected disabilities not meeting the criteria for a serious employment handicap.

The Board denied the veteran's claims for service connection for various conditions, including narcolepsy, carpal tunnel syndrome of the left wrist, tendonitis (claimed as left arm pain), hypertension, sinus bradycardia, lumbosacral strain with degenerative joint disease and sciatica, and cervical degenerative joint disease. The appeal is denied.

The Board has remanded the case for additional development and readjudication due to an alleged error in a previous opinion.

The Board is considering whether new evidence has been submitted to reopen the claim for service connection of degenerative disc disease, L4-5 and L5-S1. The veteran argues that his current low back disorder is related to his service-connected bilateral knee disability.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's previously denied claim for service connection for a back disorder. The case is being remanded due to the need for compliance with the Veterans Claims Assistance Act of 2000.

The Board has denied the veteran's claim for service connection for a herniated disc of the low back as secondary to his service-connected bilateral pes planus, finding that the evidence does not support this claim.

The Board has denied the veteran's claims for an earlier effective date for service connection of a low back disorder and for a temporary total rating (TTR) under the provisions of 38 C.F.R. § 4.30 due to his low back disorder, as these issues are not legally warranted based on the facts found.

The Board denied the veteran's claims for service connection for various conditions, finding that new and material evidence had not been submitted to reopen these claims.

The Board has reopened the veteran's claim of service connection for residuals of a back injury (claimed as lumbar and cervical spine disorders) due to new medical evidence submitted since the 1984 rating decision. The claim is now considered for further review.

The Board has found that the claim is not well grounded and remanded for further development, including obtaining employment records and providing an examination to determine if a low back disability is related to service.

The Board has granted service connection for the veteran's degenerative changes of the lumbosacral spine, finding that it is related to his military service.

The Board has determined that the veteran's service-connected bilateral hip arthritis and/or postoperative synovitis of the right knee caused or aggravated (worsening of underlying condition) any low back disability that may be present, to include a status-post laminectomy of L4-L5, with arthritis of the lumbar spine.

The Board has granted service connection for cervical spine arthritis, lumbar spine arthritis, and left knee degenerative changes based on the opinion of a VA physician who reviewed the claims folder and remaining service medical records.