Back / lumbar spine decisions — 2001

The veteran's service-connected lumbosacral strain with traumatic arthritis and bursitis of the left shoulder have been granted increased evaluations.

The Board granted a 40% evaluation for chronic low back strain effective August 28, 1995. The veteran's claim for residuals of a fracture of the left zygoma was not supported by evidence showing it is related to his service-connected condition.

The Board has determined that a higher disability rating for the veteran's service-connected degenerative changes of the lumbar spine is not warranted based on the current evidence.

The Board determined that the veteran's degenerative disc disease of the lumbosacral spine, with osteoarthritis, does not warrant a rating in excess of 20 percent.

The veteran's degenerative disc disease of the lumbar spine is currently rated at 20 percent, but the Board finds that this rating adequately reflects his symptoms and does not warrant a higher evaluation.

The Board denied the appellant's claims of clear and unmistakable error in the January 1989 rating decision for low back pain with a history of associated psychological factors, and also denied her request for an earlier effective date for dysthymic disorder.

The veteran's appeals for increased ratings for PTSD, degenerative joint disease of the thoracic and lumbar spine, shell fragment wound scars of the right foot, and shell fragment wound scars of the left foot were denied by the Board.

The Board denied the veteran's motion alleging CUE in a September 1999 decision that denied TDIU due to service-connected disabilities. The Board found no error and concluded that the interpretation of the regulation was correct.

The Board denied the veteran's claims for service connection due to lack of well-grounded evidence, and no clear and unmistakable error was found in their decision.

The veteran's appeals have been dismissed without prejudice due to his withdrawal of the appeals.

The Board has found that new and material evidence has been submitted sufficient to reopen the veteran's claim of entitlement to service connection for a back disorder, which was previously denied in 1967. The case is now reopened.

The Board has reopened the veteran's claims of service connection for a low back disorder and a left foot disorder, but denied his increased rating claims. The evidence submitted since the last final denial is considered new and material with regard to the low back disorder claim.

The Board finds that the veteran developed a psychiatric disorder secondary to his service-connected low back disorder and grants service connection for this condition. The issue of an increased rating for the low back disability is remanded due to lack of recent examination.

The veteran's claim for an increased evaluation of his low back disability is denied as the evidence does not support a higher rating based on the current criteria.

The Board has determined that the veteran's low back disability, which resulted in severe intervertebral disc syndrome, warrants a 40 percent rating.

The Board has determined that the veteran does not have a current low back disability or chronic knee disabilities, and therefore service connection cannot be granted. The RO's original ratings for right and left knee pain syndromes are upheld at 10 percent.

The Board has determined that a VA examination is required to determine the etiology of the veteran's back disability. The case will be remanded for this purpose.

The Board has determined that the appellant's low back disability warrants a 40 percent evaluation, which is the highest available under Diagnostic Code 5292 for severe limitation of motion.

The Board denied the veteran's claim for an increased rating for his service-connected lumbosacral strain, currently rated at 20 percent.

The veteran's claim for an increased evaluation for her lumbar bridging with disc disease is being remanded due to the need for additional medical evidence and compliance with the Veterans Claims Assistance Act of 2000.