Back / lumbar spine decisions — 2001

The Board found that the veteran's pre-existing bilateral pes planus worsened during service, warranting service connection. For his low back disability, the Board determined it was not incurred or aggravated by service.

The Board has granted service connection for urinary stress incontinence and awarded a higher rating for the right ovarian cyst. The lumbosacral spine condition is rated at 20 percent, while the right knee disability remains noncompensable.

The Board has denied the appellant's claims for higher evaluations for his low back disorder, left ulnar nerve neuropathy, migraine headaches, and mood disorder with major depressive features. The claim of service connection for a cervical spine disorder is pending. The appellant's irritable bowel syndrome and gastroesophageal reflux disease have not been granted a compensable evaluation.

The veteran's appeal of the issue of service connection for PTSD was dismissed because a timely substantive appeal had not been received.

The Board has determined that new and material evidence has not been submitted to reopen claims for lung disease, heart disease, Crohn's disease, or a back disorder. The claim for a back disorder is reopened, but the veteran did not provide sufficient evidence to establish service connection.

The Board has determined that a timely notice of disagreement was filed with the April 1971 rating decision denying service connection for a back disability. As a result, the claim is not considered final and remains pending.

The Board has remanded the case for additional development, including obtaining medical records and arranging for examinations to determine the nature and etiology of the veteran's low back disorder and bilateral hearing loss.

The Board has determined that the veteran's service-connected residuals of a shell fragment wound, to include paralysis of the right femoral nerve with atrophy of quadriceps muscle, aggravates his nonservice-connected spondylosis of the lumbar spine, claimed as chronic lumbosacral strain. As such, secondary service connection is granted.

The Board denied the veteran's claims for an increased evaluation for his service-connected laceration of the left index finger and denied service connection for a low back disability. The evidence did not support granting either claim.

The Board found that the March 1996 rating decision incorrectly assigned a 30 percent rating instead of the next higher 40 percent rating for the veteran's service-connected lumbar spine disability, based on the correct application of the relevant diagnostic codes.

The Board has determined that new and material evidence was not submitted to reopen the claims for service connection for low back disorder and gastrointestinal disorder.

The Board has granted service connection for dizzy spells, a bilateral leg disability, and a back disability as secondary to the service-connected bilateral heel disorder. However, evaluations in excess of 10 percent have been denied for both right and left heel disabilities.

The Board has granted a 20 percent rating for the veteran's lumbar degeneration, effective June 7, 2001. The claim for an earlier effective date is denied.

The veteran's claim for an increased rating for his service-connected lumbosacral strain is being remanded due to the need for additional development, including obtaining relevant medical records and arranging for a VA examination.

For the period from October 9, 1992 to April 21, 1995, the veteran's lumbar spine disability was rated at 20 percent.,From April 22, 1995 to October 21, 1996, a 40 percent rating for the lumbar spine disability was granted.,For the period beginning October 22, 1996, a 30 percent rating for the cervical spine disability was assigned.,Since April 18, 2000, the veteran has been rated at 10 percent for his cervical spine disability.

The Board has determined that the veteran's degenerative disc disease of the cervical spine was not incurred in or aggravated by active service and is not related to a service-connected disability. The right shoulder injury residuals are currently manifested but do not warrant an increased rating.

The veteran's appeals for increased ratings were denied. The VA determined that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board denied the veteran's claims for service connection for a back disability and an increased rating for postoperative residuals of a right inguinal hernia, finding no current disabilities and assigning the maximum possible rating under applicable codes.

The veteran's service-connected disabilities, including his low back disability, have permanently precluded gainful employment compatible with his education and occupational experience since January 7, 1997. A total disability rating for compensation purposes based on individual unemployability is granted effective from September 30, 1997.

The Board denied an increased disability rating for the veteran's chronic lumbar strain with degenerative disc disease, L4-L5 and L5-S1, currently evaluated at 20 percent.