Back / lumbar spine decisions — 2001

The veteran's appeal is being remanded for further development and readjudication, including consideration of staged ratings for PTSD and additional diagnostic codes for the back disability.

The Board denied the veteran's claim for a compensable rating for low back pain due to scoliosis, finding no evidence of impairment that would warrant such a rating based on his full range of motion and lack of subjective discomfort.

The Board has remanded the case to the RO for further proceedings, including arranging for a medical examination and obtaining clarifying opinions on the veteran's service-connected disabilities and their impact on his ability to work.

The Board has granted an earlier effective date of December 14, 1993 for the award of a total disability rating based on individual unemployability due to service-connected disabilities.

The Board has granted service connection for sinusitis and SBO, but denied service connection for myofascial pain of the lumbar spine. The veteran was awarded a noncompensable rating for his left knee disability in March 1995 and a compensable (10%) rating for his right knee disability as of November 1994.

The Board has determined that there is no new and material evidence to reopen the veteran's claims for service connection for pseudofolliculitis barbae, a back disorder, and pes planus. The previous denials of these claims are considered final.

The Board denied the appellant's claim for an effective date earlier than August 25, 1995 for service connection for lumbar disk disease with left leg weakness and left hip symptoms. The effective date was set at August 25, 1995 based on the receipt of his claim for service connection.

The veteran's claim for an increased rating for lumbosacral strain was granted, and his service connection for polymyoclonus was granted with a retroactive effective date of September 8, 1995.

The Board has determined that the veteran's low back disability, manifested by spondylolisthesis of the lumbar spine with degenerative disc disease, warrants a 40 percent evaluation.

The Board has granted an initial rating of 40 percent for the veteran's service-connected degenerative disc disease and bulged disc at L4-L5, effective since the grant of service connection.

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

The veteran's appeal is being remanded for additional development, including obtaining medical records and providing the veteran with secondary service connection regulations.

The veteran's low back disability is currently rated at 20 percent, but the Board finds that this rating adequately reflects his current symptoms and functional impairment.

The Board has reopened the veteran's claim for service connection for a low back disability due to new and material evidence submitted since the last final denial. The decision is mixed as some issues are granted while others are not.

The Board has granted a 40 percent evaluation for osteoarthritis of the lumbar spine, finding that it meets the criteria for such an evaluation based on severe functional impairment. The claim for increased rating for osteoarthritis of the thoracic spine is denied as there are no findings indicative of pronounced intervertebral disc syndrome.

The Board denied the veteran's claims for service connection for various conditions, including a right knee disability, flat feet, low back disorder, and other injuries. The RO granted service connection for a chip fracture of the second finger of the right hand but denied all other claims.

The Board has denied the veteran's claims for increased evaluations for various service-connected disabilities, including coronary artery disease, degenerative disc disease of the cervical and lumbar spine, carpal tunnel release of both wrists, hemorrhoids, repair of anal fissure, removal of colon polyps, plantar fasciitis of the right foot, residuals of cholecystectomy, residuals of appendectomy, and bilateral hearing loss.

The veteran's mechanical low back pain with strain is currently evaluated at 10 percent, and the Board finds no evidence to warrant a higher evaluation.

The VA determined that the veteran's chronic lumbosacral strain with degenerative disc disease is currently rated at 40 percent, which is the maximum rating available under the applicable diagnostic codes. The Board found no evidence of pronounced intervertebral disc syndrome or persistent symptoms compatible with sciatic neuropathy.

The Board has determined that the veteran's current low back, headaches, and stomach conditions are not related to his military service. The evidence does not support a finding of service connection for these conditions.