Back / lumbar spine decisions — 2001

The Board has determined that the veteran's degenerative disc disease of the cervical and lumbar spines do not warrant an evaluation in excess of 20 percent.

The veteran's low back disability, characterized by pronounced intervertebral disc syndrome with radiculopathy and other symptoms, has been rated at 60 percent.

The Board has denied the veteran's claims for an increased evaluation for her service-connected low back strain and service connection for a cervical spine disorder on secondary basis.

The veteran's TDIU benefits were granted effective June 3, 1996, based on his service-connected disabilities.

The veteran has withdrawn his appeal regarding the denial of service connection for residuals of a back injury, currently diagnosed as degenerative joint disease of the lumbar spine with spinal stenosis.

The Board has denied the veteran's claims for service connection for patellofemoral syndrome of the right knee and low back disability, as well as his request for an increased rating for degenerative joint disease of the right ankle. The decision also found that new and material evidence had been submitted to reopen the claim for a low back disability.

The Board finds that the veteran's current low back disorder is not related to his military service and denies the claim.

The Board has granted service connection for post traumatic stress disorder, awarded an increased initial rating of 20 percent for diffuse muscle strain of the left hip, and awarded special monthly compensation based on need for regular aid and attendance. The other issues were denied.

The Board has determined that the earliest date as of which it is ascertainable that an increase in disability had occurred was June 29, 1997. The veteran's claim for a higher rating for his service-connected low back strain with deep back muscle atrophy is granted.

The Board denied the appellant's claims for service connection for a bilateral knee disability, back disability, and tinnitus. The claim for a compensable evaluation for bilateral hearing loss was also denied. Additionally, the Board found that new and material evidence had not been submitted to reopen claims for residuals of a neck injury and tinnitus.

The Board has determined that the veteran's degenerative disc disease with history of low back strain and degenerative changes warrants a rating of 60 percent, effective from July 2000.

The veteran was granted a TDIU and increased evaluations for mechanical low back pain and postoperative residuals of cervical fusion at C5-C6 effective as of February 19, 1991.,An earlier effective date of October 29, 1996 is granted for the grant of a 40 percent evaluation for mechanical low back pain.

The Board found that the reduction of the veteran's service-connected compensation was proper due to his incarceration. The overpayment issue was also resolved in favor of the veteran, as he demonstrated no bad faith and provided evidence showing his inability to repay the debt.

The Board found new and material evidence to reopen the claim for service connection for a left ankle disorder. The claims of service connection for arthritis of the low back and residuals of a left great toe injury were granted with appropriate evaluations.

The Board found that the veteran's conditions, including trigeminal neuralgia, multiple sclerosis (MS), arthritis of the lumbosacral spine, and peripheral neuropathy, were not incurred during military service as a result of herbicide exposure.

The Board denied an increased rating for the veteran's service-connected low back strain and also determined that his lumbar disc disease was not proximately due to or aggravated by his service-connected low back strain.

The veteran was initially granted a 10 percent disability rating for his back condition prior to December 2, 1998. As of December 2, 1998, he was awarded a 40 percent disability rating.

The Board denied the veteran's claims for service connection for arthritis of the spine as secondary to his service-connected right shoulder disability and denied an increased rating for his residuals of a gunshot wound to the right shoulder. The veteran's degenerative arthritic disease was not found to be aggravated by his service-connected right shoulder disability.

The Board found that the veteran's disability picture is most consistent with a currently assigned 40 percent disability evaluation for degenerative disc disease of L5-S1, and thus denied an increased disability evaluation.

The veteran's initial rating for chronic low back pain was increased from 10% to 20%, effective July 22, 1997. The claim for an increased rating for arthritis of the left knee remains pending and has not been decided yet. The extraschedular evaluation for residuals of a meniscectomy and anterior cruciate ligament repair was granted.