Back / lumbar spine decisions — 2001

The veteran's service-connected degenerative disc disease at L5-S1 is rated as 40 percent disabling, and the Board has determined that a higher rating of 60 percent is warranted from June 15, 1994.

The Board found that the veteran's hypertension was not incurred in or aggravated by service and denied his claim. For his degenerative disc disease of the lumbar spine with right knee and hip involvement, the Board granted a 20% evaluation.

The Board has decided to remand the case for further development and examination, including obtaining medical records from the claimant's initial period of active duty for training (ACDUTRA) and his second period of service in the Ohio Army National Guard. The issue is whether the veteran's low back disability existed before service or if it worsened during service.

The veteran's bilateral hearing loss and tinnitus were not incurred in service, but his psychiatric disability has been productive of a demonstrable inability to obtain or retain employment since February 24, 1998. His residuals of a shell fragment wound (SFW) of the left arm have resulted in moderate impairment of Muscle Group V muscles.

The VA has determined that the veteran's lumbar spine disorder warrants a 10 percent evaluation, effective from March 1998. The disability is not considered to warrant a higher rating based on the evidence of record.

The VA has granted a 40 percent evaluation for the veteran's service-connected low back strain, which was previously rated at 10 percent.

The veteran's low back strain with degenerative changes is currently rated at 20 percent, but the Board finds no basis for a higher evaluation.,The veteran's bilateral lattice degeneration with asymptomatic retinal holes is currently rated at 20 percent, and the Board finds no basis for a higher evaluation.,The veteran's cystic acne is currently rated at 10 percent. The Board finds no basis for a higher evaluation.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for residuals of a low back injury, which was previously denied in August 1996. The medical opinions provided by Dr. Kirven suggest a possible relationship between the veteran's current low back symptoms and his military service.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claim for service connection for a chronic low back strain with sciatica. The cervical spine disorder at C1-2 is also considered, but there is insufficient medical evidence linking it to service.

The Board has determined that the veteran's claimed low back, left hip, and right knee disabilities were not incurred or aggravated during service. The evidence does not support a finding of service connection for these conditions.

The veteran's appeal was timely and adequate, allowing for the continuation of his existing disability ratings.

The veteran's claim for a total disability rating based on individual unemployability has been granted, effective March 6, 1996. The permanent nature of his disabilities was also established.

The Board denied the appellant's request to reopen his claim for service connection for a back disorder, claiming osteoarthrosis. The evidence submitted was found not new and material.

The veteran's service-connected low back strain with osteophyte and narrowing of the L5-S1 disc space is productive of severe impairment, but does not meet the criteria for a higher evaluation.

The veteran's service-connected low back disability, DDD of L4-5, is rated noncompensably disabling. The Board found that the evidence did not support a compensable evaluation as his current symptoms are related to a nonservice-connected work injury.

The veteran is seeking service connection for fibromyalgia, which he claims is secondary to his service-connected lumbosacral strain. He also seeks an increased evaluation for his lumbosacral strain and TDIU benefits.

The veteran's appeal for service connection on all the listed issues was dismissed due to a failure to file a timely substantive appeal.

The veteran's disabilities do not render him unable to care for most of his daily personal needs without assistance from others, nor do they render him unable to protect himself from the hazards and dangers incident to his daily environment. The criteria for an award of special monthly pension benefits based on the need for regular aid and attendance or by reason of being housebound have not been met.

The Board denied the veteran's claims for effective dates earlier than March 21, 1997 and July 10, 1995 for service connection and increased ratings for his back disorder and bilateral hearing loss, respectively.

The Board has reopened the claim for service connection for residuals of a low back injury due to new and material evidence submitted since the last final denial. The appeal is granted.