Back / lumbar spine decisions — 2001

The veteran's service-connected degenerative joint disease at L4-5 and L5-S1 with degenerative spondylosis of the lumbar spine has been assigned a maximum schedular evaluation of 60 percent. The Board concludes that an evaluation greater than 60 percent is not warranted.

The veteran's low back disorder, rated at 20 percent for moderate limitation of motion and minimal neurological impairment, is not entitled to a higher evaluation as the disability picture does not more nearly approximate the criteria for any higher rating.

The veteran's claims for increased ratings for her service-connected traumatic arthritis of the lumbar and dorsal spines have been denied. The RO has granted increased schedular ratings, but did not grant extraschedular ratings in excess of those assigned.

The Board denied the veteran's claims for increased evaluation of venous varicosities, service connection for hypertension and right knee/leg disability as secondary to his service-connected venous varicosities, and service connection for a low back disorder. The claim for reopening a direct-service connection claim for a back disorder was also denied.

The Board denied the veteran's claims for service connection for a chronic low back strain and for nonservice-connected pension benefits. The decision noted that there was no probative evidence indicating the veteran received treatment for chronic low back pain during his military service.

The veteran's claim for service connection for a low back disability secondary to his service-connected cervical spine strain with degenerative changes is being remanded due to the need for additional evidence and further examination.

The Board denied increased ratings for the veteran's lumbar spine disability, hypertension, and bilateral high frequency hearing loss.

The Board denied reopening the claims for herniated nucleus pulposus, lumbar spine and bone spurs of the feet. The veteran's PTSD symptoms were not found to meet criteria for a higher rating. His burns and chest wound residuals did not warrant increased ratings.

The Board denied the appellant's request for an effective date earlier than October 1, 1993 for the payment of DIC benefits based on new and material evidence. The claim was reopened and allowed due to the receipt of such evidence, but the effective date is limited by law.

The veteran's low back disability, characterized by severe pain and limitation of motion due to degenerative disc disease and arthritis, has been rated at 60 percent. This is the highest possible rating under Diagnostic Code 5293 for intervertebral disc syndrome.

The VA denied an increased rating for the veteran's service-connected degenerative joint disease of the lumbosacral spine, currently rated at 40 percent.

The veteran's service-connected lumbosacral strain is currently rated at 20 percent, and the Board has determined that a higher evaluation of 40 percent is warranted due to severe functional impairment.

The Board found that the veteran was not entitled to an evaluation in excess of 30 percent for his service-connected ear disorder, as the evidence did not support a higher rating under either the old or new criteria.

The Board has denied all the claims for service connection due to lack of objective indications of chronic disability or evidence of a current disability.

The Board has determined that the appellant's low back disability does not warrant a schedular rating greater than 40 percent, as it is no more than severe lumbosacral strain with some signs of nerve root irritation but without pronounced intervertebral disc syndrome.

The Board granted service connection for degenerative joint disease of the lumbosacral spine effective from December 18, 1989. The RO increased the rating to 40 percent in October 1998.

The RO denied service connection for paranoid schizophrenia but granted an increased rating for the veteran's back disability. The decision is unclear on whether the denial of service connection was based on a finding that it did not meet the direct service connection criteria or if there were other issues at play.

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

The Board finds that the veteran's claims for increased evaluations of his osteoarthritis of the lumbar spine and thoracic spine are denied as there is no evidence to support a higher evaluation based on current symptoms.

The VA determined that the veteran's lumbosacral strain does not warrant a rating higher than 20 percent.