Back / lumbar spine decisions — 2001

The Board denied service connection for PTSD and a back condition, but granted an increased rating of 20 percent for the left ankle disability effective March 29, 1999.

The veteran's degenerative disc disease of the lumbosacral spine is currently rated at 20 percent, which reflects moderate pain with recurring attacks. The Board found that this condition does not warrant a higher rating as it does not meet the criteria for severe intervertebral disc syndrome or severe limitation of motion.

The Board denied a rating in excess of 10 percent for the veteran's lumbar strain with spondylosis, finding that the evidence did not support an evaluation greater than 10 percent.

The veteran's claim for an earlier effective date and a combined rating is denied. The effective date of his service connection cannot be earlier than June 13, 1996 due to the one-year rule after separation from active service. His current combined rating remains at 70%.

The Board has granted service connection for degenerative disc disease and osteoarthritis as secondary to the veteran's service-connected low back strain disability, and has also granted a 100 percent evaluation for major depression.

The Board has reopened the veteran's claim for service connection due to new and material evidence, finding that his ankylosing spondylitis of the entire spine and degenerative disc disease of the cervical spine are related to his active military service.

The Board has determined that the veteran's service-connected degenerative arthritis of the lumbar spine with intervertebral disc degeneration and herniation, status post left L3-4 diskectomy and L7 foraminotomy warrants a rating no higher than 40 percent.

The Board has denied the veteran's claims for increased evaluations for his service-connected low back strain with degenerative arthritis of the lumbar spine and degenerative arthritis of the thoracic spine, finding that the evidence does not warrant a higher rating under applicable VA regulations.

The VA denied the veteran's request to reopen his claim for service connection of a chronic back disorder, finding that no new and material evidence had been submitted.

The veteran's major depression is rated at 70 percent effective from November 1998, and his patellofemoral pain syndrome of the knees are each rated at 10 percent effective from November 1998. The lumbosacral strain with herniated nucleus pulposus of the lumbar spine is rated at 40 percent effective from November 1998.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for a back disorder. The issue of service connection for PTSD will be addressed in the remand section.

The veteran's claim for an earlier effective date of April 1, 2000 for the payment of additional compensation for his spouse has been granted. The effective date is set at February 1, 1997, which aligns with the date of a 100% rating for prostate cancer.

The veteran's claim for an earlier effective date for a 60% rating for degenerative disc disease at C3-7 with radiculopathy was denied as there is no legal basis under the law to assign such a date.

The Board has reopened the veteran's claims for service connection for cervical spine disorder, lumbar spine disability, and Tse-Tse syndrome. The claim for hypertension on secondary basis is granted with a 30% evaluation.

The veteran's claim for an increased disability rating for his service-connected lumbosacral strain is being remanded due to the need for additional medical examination and review of records.

The Board has determined that the veteran's service-connected low back strain does not warrant an evaluation in excess of 20 percent.

The veteran's claim for service connection for a low back disorder is being remanded due to the need for additional development of his case.

The VA denied compensation benefits for additional disability of the cervical spine and a left shoulder disability as secondary to surgery and treatment at a VA medical facility from August to October 1991.

The Board of Veterans' Appeals has determined that the veteran's back disorder, characterized by chronic low back pain with sciatic neuralgia, is causally related to service and grants service connection for this condition.

The Board granted an increased disability evaluation of 40 percent for the veteran's DJD of the cervical spine, effective September 30, 1991. The claim for a higher rating for the lumbar spine remains pending.