Back / lumbar spine decisions — 2001

The Board found that the veteran did not have a current hearing loss disability in his right ear and failed to establish an inservice occurrence of a right ear hearing loss disability. Therefore, service connection for hearing loss was denied.

The Board denied the veteran's claims for earlier effective dates for service connection due to a failure of military personnel to forward his application, finding that there was no legal basis for such an award.

The veteran's claims for increased evaluations for his service-connected knee and back disabilities were denied. The RO continued the current ratings of 10 percent for chondromalacia of both knees, 20 percent for polyarthralgia, and no rating for lumbosacral strain.

The Board denied service connection for a low back disorder and granted a 50 percent rating for PTSD. The veteran's low back disorder was not found to be incurred in or aggravated by his active military service, nor is it considered secondary to the service-connected residuals of a shell fragment wound to the right clavicle. For PTSD, the Board found that the disability results in considerable social and industrial impairment but does not meet the criteria for a higher rating.

The Board has granted an increased rating to 60 percent for the veteran's service-connected low back disability, which is characterized by degenerative disc disease of the lumbosacral spine with multiple herniated discs.

The Board has reopened the veteran's claim of service connection for a low back disability due to new and material evidence submitted since the last denial. However, further development is needed as VA examinations are required under recent legislation.

The VA determined that the veteran's degenerative disc disease of the lumbar spine warrants a 10 percent rating, effective April 9, 1996.

The RO denied the veteran's claim for service connection for arthritis and degenerative joint disease of the lumbosacral spine in a decision dated November 15, 1994. The veteran did not file an appeal.

The Board found that the veteran's claimed loss of use of both lower extremities and loss of bladder control were not caused or aggravated by his service-connected low back disorder.,The Board also determined that the veteran's service-connected disabilities did not preclude substantially gainful employment.

The veteran's degenerative disc disease of the lumbar spine is currently rated as 10 percent disabling, and the Board finds no basis to grant a higher rating.

The Board denied service connection for a low back disorder, concluding that new and material evidence had not been submitted to reopen the claim.

The Board has granted service connection for left footdrop and cervical disc disease as secondary to the veteran's service-connected thoracic and lumbar spine disability. The veteran is also entitled to a 60 percent evaluation for his service-connected degenerative changes of the thoracic and lumbar spine, which is the maximum schedular evaluation available.

The VA has granted a 40 percent evaluation for the veteran's osteoarthritis and disc degeneration of the lumbar spine, which is currently rated under Diagnostic Code 5293 (intervertebral disc syndrome).

The Board finds that the veteran's limited occupational and educational backgrounds, as well as his diagnosed psychiatric disorders, render him permanently and totally unemployable. Therefore, a permanent and total disability rating for pension purposes is granted.

The Board has determined that the veteran's DDD at L5-S1 with a history of lumbosacral strain warrants a 40 percent disability rating, reflecting severe symptoms including recurring attacks and intermittent relief.

The Board has granted service connection for a low back disability including ankylosing spondylitis and hypertension secondary to the veteran's service-connected right wrist disability.

The Board denied the veteran's claims for service connection for various back conditions, finding that there was no prior authorization from VA for the private medical care received and that the treatment did not relate to a service-connected disability.

The veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Board denied increased evaluations for the veteran's service-connected scars and chronic lumbosacral strain, but granted a noncompensable evaluation for orchialgia.

The veteran's claims for a temporary total disability rating, service connection for low back disability, and increased ratings for right and left knee disabilities are denied. The case is remanded to obtain additional medical records and to schedule the veteran for VA examinations.