Back / lumbar spine decisions — 2001

The Board has granted service connection for a low back disability due to aggravation by the veteran's service-connected knee disorders. The claim for an increased rating for bilateral varicose veins of the lower extremities is also granted.

The Board has granted service connection for a skin disorder and reopened the claim of service connection for a back disorder, finding that new and material evidence has been submitted.

The veteran's claims for increased ratings for bronchial asthma, degenerative joint disease and osteoarthritis of the feet, and degenerative joint disease and osteoarthritis of the lumbar spine were granted with a rating of 10 percent in each case.

The Board has determined that the veteran's right shoulder and cervical spine conditions are service-connected, with the right shoulder condition being secondary to his service-connected right forearm gunshot wound residuals.

The veteran's service-connected disabilities do not render him unable to secure or follow substantially gainful employment.

The Board denied the veteran's claims of service connection for a left knee disorder and entitlement to a permanent and total disability rating for pension purposes, finding that there was no evidence of current disabilities or sufficient medical records supporting his allegations.

The VA has determined that the veteran's current disability rating of 20 percent for residuals of lumbosacral strain is appropriate based on his symptoms and examination findings.

The VA has denied an increased rating for spondylosis of the lumbar spine, currently rated at 60 percent.

The Board has remanded the veteran's claims for higher ratings for migraine headaches and lumbosacral strain due to a need for additional medical records, including VA and private treatment records. The examiner is asked to assess the severity of these conditions and provide an opinion on their impact on the veteran's functional ability.

The Board denied the veteran's claims for increased evaluations for his service-connected lumbosacral strain, finding that the evidence did not support an evaluation in excess of the current ratings.

The Board has remanded the case due to changes in the law regarding claims and the need for additional development.

The Board denied the veteran's claim for an effective date earlier than October 24, 1991, for a 60 percent evaluation for his service-connected herniated nucleus pulposus of the lumbar spine at L4-5 with puffed leg palsy and psychophysiological overlay. The issue regarding disorders of the feet was not addressed.

The veteran's intervertebral disc syndrome of the lumbar spine is manifested by marked degenerative disc disease throughout the lumbar spine, severe limitation of motion, with complaints of radiating pain into the lower extremities and neurogenic claudication. The Board has granted a 60 percent evaluation for this condition.

The veteran is seeking a higher rating for his service-connected lumbosacral strain with secondary paravertebral fibromyositis, but the case has been remanded due to lack of recent medical records and need for further examination.

The veteran is seeking an increased evaluation for his service-connected chronic low back pain with bulging disc at L4-5. The RO has not conducted a VA examination to differentiate the symptoms attributable to his service-connected condition from those caused by his post-service work-related injury.

The Board has remanded the case due to new legal requirements and need for additional development, including a VA examination.

The Board denied service connection for the veteran's claimed low back disorder, lung condition, skin rash of the armpits and groin, headaches, and a disorder manifested by numbness and tingling of the fingers and toes, all secondary to exposure to herbicides during service. The preponderance of evidence did not support these claims.

The Board found that the veteran's low back disorder was incurred in service and granted service connection.

The Board denied increased evaluations for the veteran's service-connected shell fragment wound with injury to the 5th cranial nerve (SFW) and traumatic arthritis of the temporomandibular joint (TMJ), maintaining their current ratings. The claim to reopen a low back disability was also denied.

The Board found that the veteran does not have a current vasovagal syncope disability and denied service connection for this condition. For his low back disability, the Board noted evidence of chronic symptoms during service and after service, but concluded that there was no clear and unmistakable evidence to rebut the presumption of soundness at entry into service.