Back / lumbar spine decisions — 2001

The veteran has withdrawn their appeal, and the case is dismissed without prejudice.

The Board has granted service connection for post traumatic degenerative joint disease of the lumbar spine and assigned a 10 percent disability rating effective July 21, 1999. The appellant's claim for an increased evaluation remains pending.

The Board denied an increased rating for the veteran's service-connected low back disorder, but granted a 40% rating effective from July 31, 1998. The veteran appealed the effective date.

The Board has determined that new and material evidence has been submitted to reopen the veteran's previously denied claim for service connection for a back disability.

The Board has granted service connection for a disorder manifested by memory loss and sleep complaints, as well as for other conditions including lower back disorder, right wrist disorder, weak lungs, right eye disorder, hair loss, and fatigue. The remaining issues of service connection are addressed in the REMAND section.

The Board found that the veteran's low back disorder was not caused or aggravated by his service-connected right knee disability.

The VA denied the veteran's claim for an evaluation in excess of 20 percent for his low back strain, finding that the condition is currently productive of not more than muscle spasm on extreme forward bending and loss of lateral spine motion, unilateral, in standing position.

The Board found that new and material evidence had been submitted to reopen the claim for service connection of a back disorder, but concluded that the preexisting condition existed prior to service and was not aggravated by service.

The Board denied the veteran's request for an earlier effective date of April 9, 1998 for a 60 percent rating for his lumbar disc disease. The RO has not yet issued a Statement of the Case on other issues related to service connection and unemployability.

The Board denied the veteran's claims for increased evaluations for his service-connected cervical, dorsal, and lumbar spine conditions as well as his PUD. The diagnoses did not support higher ratings under applicable diagnostic codes.

The veteran's diabetes mellitus is presumed to have been incurred due to exposure to herbicides in Vietnam. His low back strain disability was increased from 10% to 20%. The veteran does not dispute these determinations and the appeal for an increased rating has not been withdrawn.

The Board has remanded the veteran's claims for whether new and material evidence has been submitted to reopen the claim for service connection for a back disorder and entitlement to service connection for a heart disorder due to incomplete medical records.

The Board has granted a higher initial rating of 40 percent for the veteran's service-connected degenerative disc disease, effective December 5, 2000.

The Board has granted a 60% rating for the veteran's service-connected lumbosacral strain, which is the maximum schedular award under Diagnostic Code 5293.

The Board has denied the veteran's claims for service connection for left arm, left shoulder, neck, and low back disabilities based on a finding that they were not well-grounded.

The veteran's disabilities, including her service-connected low back disability and her non-service-connected dysthymia and varicose veins, are deemed to be disabling enough to prevent her from obtaining and maintaining substantial gainful employment. As a result, she is entitled to non-service-connected pension.

The Board has denied the veteran's attempts to reopen his claims for service connection for a low back disorder and an increased rating for otitis media of the left ear. The decision also noted that the issue involving the increased rating for otitis media of the left ear is pending on remand.

The Board found no new and material evidence to reopen the claim of service connection for a low back disorder, thus denying the claim.

The veteran's lumbosacral strain and bilateral patellofemoral pain syndrome were both granted increased ratings, with the lumbosacral strain receiving a 20% rating.

The veteran's claim for a total disability evaluation based on individual unemployability was granted with an effective date of March 30, 2000. The Board found that the May 1989 claim became final due to non-appeal and thus, the effective date is assigned as the date the claim was received by the RO.