Back / lumbar spine decisions — 2001

The veteran's service-connected chronic lumbar strain has been rated at 10 percent prior to September 28, 1998 and at 20 percent from that date. The appeal is denied as the disability does not warrant a higher rating under applicable criteria.

The Board denied increased ratings for residuals of a fracture of the C-2 vertebra with degenerative disc disease of the cervical spine, numbness of the left hand, and numbness of the left facial nerve, maxillary branch due to failure to report for scheduled VA examinations.

The Board has ordered a remand due to the need for additional medical examinations and information regarding employment status. The appellant's disabilities, including hypertension and hyperlipidemia, have not been fully evaluated in the context of pension purposes.

The Board has determined that the veteran incurred asthma in service and has a current low back disorder, but there is no competent evidence of a current bilateral ankle disorder. The electric shock to the left arm issue was not addressed as it lacks supporting medical evidence.

The Board finds that the veteran's herpes zoster/shingles, back disability, bilateral foot disabilities, and headaches are service-connected as they are part of an underlying condition.

The Board has restored the veteran's 60 percent disability evaluation for his service-connected low back disability and denied an increased rating, finding that the evidence did not demonstrate improvement warranting a higher evaluation.

The Board has established a total rating based on individual unemployability effective from May 31, 1997. The appellant's combined schedular evaluation was 100 percent permanent and total as of that date.

The veteran's service-connected low back disorder is now rated at 10 percent effective July 10, 1998.

The Board has remanded the case due to changes in VA laws and regulations, requiring further development of evidence.

The veteran's claim for a higher rating for his service-connected low back disability was granted, and he is now assigned the maximum schedular evaluation. His claim for a total disability rating based on unemployability due to service-connected disabilities was also granted.

The Board denied the appellant's claims for increased ratings for his service-connected loss of the right deltoid muscle and residuals of a fractured lumbar spine at L-1, L-2, and L-4. The highest schedular rating available was assigned for each condition.

The Board denied the veteran's claims for service connection for a heart disease, and denied her requests for increased ratings for right knee disability, left knee disability, and back disability.

The Board found that the veteran's current post-operative low back disability did not have its onset during or is not related to any incident of service, and thus denied his claim for service connection.

The VA determined that the veteran's service-connected chronic lumbosacral strain does not warrant an evaluation in excess of 10 percent.

The Board has determined that the veteran's degenerative disease of the cervical and lumbar spine is related to his service, including a jeep accident and parachute jumps during active duty.

The Board denied the appellant's claims for service connection for a skin disorder and low back disability, both claimed as manifestations of an undiagnosed illness associated with service in the Persian Gulf. The evidence did not support these claims.

The Board denied the veteran's claims for increased evaluations for his service-connected lumbar strain and hypertension, finding that neither set of criteria was more favorable to him.

The veteran is seeking an evaluation in excess of the current 20 percent rating for his lumbosacral disability. The RO denied this claim, and the Board has ordered remand to obtain additional evidence and ensure proper consideration.

The Board found that the veteran's mechanical low back pain with lumbar strain is properly rated at 10 percent disabling under Diagnostic Code 5295, as there was no evidence of muscle spasm on extreme forward bending or loss of lateral spine motion in a standing position. The limitation of motion tests conducted during VA examinations did not warrant a higher rating.

The Board granted an effective date of August 8, 1995 for the veteran's TDIU due to his service-connected PTSD and lumbar spine disabilities.