Back / lumbar spine decisions — 2001

The Board has determined that the veteran's cervical strain, lumbosacral strain, and residuals of left knee meniscectomy warrant initial disability ratings of 10 percent each. The veteran's service-connected conditions are not related to any specific exposure basis or presumption.

The veteran's claim for increased ratings for lumbosacral strain with degenerative disc disease of the lumbosacral spine was denied by the RO, and a compensable rating has not been granted.

The veteran's request for restoration of a 20 percent rating for degenerative joint disease of the left knee, effective November 1, 2001, is granted. The reduction from 20 to 10 percent was improper due to inadequate review of his medical history and current condition.

The veteran's appeal was denied for service connection for various conditions, including bilateral hearing loss and tinnitus. The issues of service connection for degenerative disk changes of the lumbar spine, right knee disorder, left knee disorder, right hip disorder, and right ankle disorder were also denied.

The VA determined that there is no evidence to support the veteran's claims for service connection for memory loss and swollen and painful joints of the lumbar spine and knees. The disabilities are not linked to his military service.

The Board has determined that the veteran's service-connected low back disability, including degenerative disc disease with a herniated disc at L4-L5, is currently productive of no more than severe intervertebral disc syndrome and severe lumbosacral strain. The claim for an increased rating to 60 percent or higher under Diagnostic Code 5293 (for pronounced intervertebral disc syndrome) has been denied as the evidence does not show symptoms compatible with sciatic neuropathy.

The Board found no evidence of a currently diagnosed low back disability related to military service and denied the veteran's claim for service connection.

The Board has remanded the case due to incomplete records and a need for further medical opinion regarding the etiology of the veteran's low back pain. The claim is pending.

The Board granted service connection for the veteran's back disorder, TDIU based on this disability, and special monthly compensation under 38 U.S.C.A. § 1114(s) with effective dates of June 13, 2000.

The Board denied the veteran's request for an earlier effective date for his service connection for COPD and TDIU. The effective date for the TDIU was granted as of April 23, 1998.

The Board of Veterans' Appeals (Board) denied the appellant's claim for nonservice-connected pension benefits, finding that he was not permanently precluded from performing substantial employment due to his physical disabilities.

The Board has denied the veteran's claims for service connection for left shoulder condition, left knee condition, right knee injury, and mechanical low back pain.

The Board found no evidence of in-service injuries or disabilities that led to the veteran's current right knee and low back disorders, thus denying service connection for these conditions.

The Board has granted service connection for a back disability, finding that the evidence supports a direct link to active service.

The veteran's only service-connected disability, a low back disorder rated at 60 percent, does not prevent him from engaging in substantially gainful employment.

The Board has ordered a remand due to procedural and evidentiary issues, including the need for a spine examination to rate the appellant's low back disability. The claim is also pending under VCAA provisions.

The Board has determined that the earliest date as of which it is factually ascertainable that an increase in disability had occurred, and thus an effective date of July 23, 1996 for a total rating based on individual unemployability is granted.

The Board has reopened the claim for service connection for a low back disability, including arthritis and sciatica. Additional development is needed to obtain relevant medical records.

The veteran's service-connected lumbosacral strain is rated at 20 percent, the highest available rating under VA regulations.

The veteran's service-connected disabilities are of sufficient severity to prevent him from engaging in substantially gainful employment, consistent with his educational attainment and occupational experience.