Back / lumbar spine decisions — 2001

The Board denied the veteran's claim of service connection for degenerative disc disease of the lumbar spine as secondary to his service-connected bilateral pes planus, finding that new and material evidence had not been submitted.

The Board has determined that the veteran's low back disability warrants a 20 percent evaluation, effective from October 1, 2000.

The Board has remanded the case due to changes in VA regulations and the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board found that the veteran's lumbosacral strain does not meet or approximate the criteria for a rating in excess of 10 percent.

The Board has determined that the veteran's lumbosacral strain warrants a 10 percent rating, and his traumatic arthritis, small bones, left hand does not warrant a compensable rating.

The Board has determined that the appellant's right great toenail disorder, lumbar spine disability, cervical spine disability, and left shoulder bursitis are related to his military service. The injuries occurred during active duty training in May 1990.

The Board has determined that the appellant does not have a current low back disorder, and his left eye disorder was present at the time of service entry. The hearing loss disability of the left ear and tinnitus were not incurred or aggravated during service.

The Board has granted service connection for hearing loss, tinnitus, low back pain, hip pain, and depression. Asthma was not found to be related to active service.

The Board has determined that new and material evidence has not been submitted to reopen the claims of service connection for a back disorder and defective hearing of the right ear. The claim for an increased rating for defective hearing of the left ear is denied.

The Board denied the veteran's claims for increased ratings and service connection, but granted a 20 percent rating for his lumbosacral strain.

The Board has granted a 60 percent rating for the service-connected lumbosacral strain, effective from March 1992. The veteran's claim for financial assistance in acquiring specially adapted housing or special home adaptation is referred to the RO for further action.

The Board finds that the veteran's low back strain with muscle pull is properly rated at a 20 percent rating under Diagnostic Code 5295, and does not meet the criteria for a higher evaluation.

The Board of Veterans' Appeals denied the veteran's claim for service connection for a low back disorder in July 1997. The case was remanded multiple times, and the Court granted a joint motion to vacate the decision and remand the claim for further adjudication.

The Board found that new and material evidence had not been presented to reopen the veteran's claims of service connection for stomach disorder, prostate disorder, back disorder, or acquired psychiatric disorder. The veteran is not entitled to service connection for these conditions.

The Board denied the veteran's claims for increased ratings for his service-connected right foot disorder, left foot disorder, and lumbosacral strain. The medical evidence did not support evaluations in excess of 20 percent.

The Board denied the veteran's request for an earlier effective date for service connection of a low back disorder and also denied his claim regarding the propriety of the initial rating assigned for loss of motion of the lumbar spine due to post-surgical changes and degenerative disc disease.

The veteran's service-connected disabilities, including left hip replacement, residuals of arthritis (lumbar spine and sacroiliac joint), and right hip arthritis, have rendered him unemployable due to his physical limitations. The combined disability rating is 90 percent.

The Board denied the veteran's request to reopen his claim for service connection for a back disorder, finding that new and material evidence had not been submitted.

The Board denied the veteran's claims of service connection for residuals of spiral meningitis, a bilateral knee disability, a bilateral shoulder disability, and a back condition.

The veteran's arthritis of the left knee and low back disability are both found to be service-connected as secondary to his right tibia and fibula fracture.