Back / lumbar spine decisions — 2001

The Board denied the veteran's claims for increased evaluations of his service-connected lumbar spine arthritis and cervical spine arthritis, as well as his claim for an extension of a temporary total rating based on a period of convalescence beyond November 30, 1997. The appeals were not about service connection.

The veteran incurred dental trauma to tooth number 26 during active service, and he is therefore entitled to outpatient dental services and treatment as well as related appliances for this tooth. The other claims of service connection were not granted.

The Board has determined that new and material evidence has not been submitted to reopen the claims for service connection for a back disability, bilateral hearing loss, and a skin rash of the left arm. The decision is mixed as it addresses multiple issues.

The Board has reopened the appellant's claim of service connection for a back disability and remanded the case to obtain additional medical records, clarify the nature of his workers' compensation hearing, and schedule him for VA examinations. The effective date question is deferred pending completion of this development.

The Board has denied the veteran's claims for increased ratings and extensions of temporary total convalescent ratings for his back and right ankle disabilities, finding that there is no medical evidence demonstrating severe post-operative residuals warranting additional convalescence beyond October 31, 1998 and October 31, 1999.

The RO denied the veteran's claim for service connection for fracture of the coccyx and granted service connection for fracture of the sacrum with post-traumatic degenerative changes and disc disease of the thoracic and lumbar spine, assigning a 20 percent rating.

The Board found no evidence of a low back disability or rectal leakage during service and concluded that any current conditions are not related to service.

The Board denied the veteran's claims for service connection for low back, neck, and shoulder disabilities, finding that there was no evidence showing these conditions were incurred or aggravated by his active duty.

The veteran's service-connected lumbar strain has been rated at 20 percent since March 5, 1998. The VA determined that the disability does not warrant a higher rating based on current evidence.

The Board has determined that the veteran does not have current multiple sclerosis and there is no evidence of degenerative disc disease L5-S1 meeting the criteria for a higher rating. The claim for service connection for multiple sclerosis was denied as there was no medical evidence showing the existence of this condition. For the back disability, the evaluation remains at 10 percent.

The Board has reopened the veteran's claims for service connection for a chronic back disorder and temporomandibular joint syndrome, finding that new evidence supports these claims. However, the decision does not specify whether service connection is granted or denied.

The Board has granted service connection for a low back injury with residuals of back surgery and assigned a 10 percent evaluation, which is the maximum schedular rating available. The veteran's appeal was to seek an increased evaluation beyond this initial assignment.

The veteran's claim for a higher rating for his low back disability was denied, but he received a 50% rating for his bilateral pes planus. He also received TDIU benefits and is eligible for special monthly compensation based on housebound status.

The veteran's claim for a higher rating for his lumbosacral nerve root injury with radiculopathy and reflex sympathetic dystrophy, currently rated at 40 percent disabling, is granted. The effective date of the increased rating is February 25, 1998.

The Board has determined that the veteran should be afforded VA examinations to determine if his left knee and back disabilities are related to service. The appeals for these conditions will now proceed based on the evidence presented.

The Board has granted a 20 percent evaluation for the veteran's residuals of compression fractures of the thoracic spine and a separate 20 percent evaluation for degenerative joint disease of the lumbar spine, finding that both conditions meet the criteria under the applicable diagnostic codes.

The Board denied the appellant's claims for service connection for residuals of a head trauma, acquired psychiatric disability, bunions, left hip disability, and low back disability. The reasons included lack of credible evidence supporting these conditions or their relationship to service.

The veteran's claims for service connection for degenerative joint disease of the left hip, increased rating for low back pain syndrome, and compensable rating for obturator nerve damage of the left inner thigh were denied. The appeals are based on secondary service connection.

The Board found that the veteran's current lower back disability is not related to his military service or any service-connected condition.

The Board granted a 60 percent evaluation for the service-connected lumbar spine disorder effective May 3, 2000. The veteran's right wrist fracture with prosthesis was already rated at 30 percent prior to this decision.