Back / lumbar spine decisions — 2001

The veteran's low back condition is currently rated at 20% and his right elbow disorder was increased to 20% from February 11, 1999 to July 25, 2000. The RO has granted the requested increases.

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

The Board has remanded the case due to procedural issues and the need for additional development, including medical examinations.

The Board has denied the veteran's claim for an increased disability rating for his service-connected back sprain of the lumbar region, finding that the evidence does not support a higher evaluation.

The veteran's claim for an increased rating for his service-connected low back disability was granted, but the current evaluation remains at 20 percent.

The Board has determined that the veteran's current low back degenerative disc disease and bilateral hip arthritis were not incurred in or aggravated by military service, as there is no competent evidence of record showing such conditions within one year of his discharge. The veteran also does not have currently diagnosed leg, ankle, or foot disorders.

The veteran's claims for increased ratings for bilateral flatfoot and transitional lumbosacral vertebra with pseudoarthritis were denied. The claim to reopen a right knee injury was also denied.

The veteran's appeals for increased ratings and initial ratings were denied. The low back disability was not timely appealed, the postoperative residuals of a stress fracture of the right distal fibula met criteria for a compensable rating, but the hearing loss did not meet criteria for higher than noncompensable ratings.

The veteran's lumbosacral degenerative disc disease is currently evaluated at 20 percent, which is the maximum schedular rating available under Diagnostic Code 5293. The RO has granted service connection for this condition and assigned a non-compensable evaluation for bilateral pes planus, allergic rhinitis, and irritable bowel syndrome.

The Board denied service connection for PTSD and Low Back Disorder due to lack of verified in-service stressors and insufficient evidence linking the current conditions to military service.

The Board has granted a 10% evaluation for lumbosacral strain from August 28, 1997 to October 27, 1999 and denied any current compensable rating.

The Board found that the veteran's current back disability, including degenerative arthritis, was not incurred in or aggravated by active service.

The Board of Veterans' Appeals (BVA) has determined that the July 1960 rating decision, which severed service connection for a low back disability, was not clearly and unmistakably erroneous. The BVA found that the correct facts were before the RO at the time of the decision and that the RO correctly applied the statutory and regulatory provisions extant at that time.

The Board denied service connection for lumbosacral strain in January 1986, concluding that the condition preexisted service and was not aggravated by it. The veteran's motion alleging clear and unmistakable error is denied.

The Board has determined that the veteran's postoperative laminectomy of the lumbar spine warrants a 60 percent evaluation, which is higher than the current 40 percent rating. The service-connected disability more closely approximates the criteria for intervertebral disc syndrome with pronounced symptoms.

The veteran's service-connected lumbosacral strain with osteoarthritis was granted a 20 percent evaluation effective from June 4, 1997.

The Board denied the veteran's claims for service connection for a back and bilateral knee disorders as secondary to his service-connected bilateral flat feet, finding no evidence of in-service aggravation or worsening of the flat feet.

The VA denied the veteran's claim for an increased rating for his service-connected degenerative joint disease and disc disease of the lumbosacral spine, as it found that his disability was no more than moderately disabling.

The Board denied the veteran's claims of service connection for a right shoulder disorder, abdominal pain and infection due to an intrauterine device (IUD), and lumbar spine disorder. The denial was based on the lack of evidence linking these conditions to service.

The veteran's arthritis of the hands and right elbow is service-connected, as are his complaints of pain and numbness above the knees. The Board finds that ED (impotence) is secondary to his service-connected conditions.