Back / lumbar spine decisions — 2001

The Board denied the veteran's claim for service connection for a back disorder, concluding that new and material evidence had not been submitted. The decision is based on the fact that the veteran's current osteoarthritis of the spine began many years after separation from service and was not related to any incident of service.

The case is being remanded for additional development to determine the nature, extent, and etiology of the veteran's back disability.

The veteran's low back disability, including degenerative disc disease and herniated nucleus pulposus, is rated at 60 percent under the criteria for intervertebral disc syndrome due to pronounced symptoms.

The Board found that the veteran's current lumbar degenerative disc and joint disease, with sciatic nerve condition of the left leg, was incurred in service. The March 1946 rating decision denying residuals of a pilonidal cystectomy is not considered clear and unmistakable error.

The Board has determined that the submitted evidence is not new and material, thus the veteran's claims of entitlement to service connection for hemorrhoids, headaches, and a low back disability may not be reopened.

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

The Board has determined that the veteran's tension headaches, which began during his service in the Persian Gulf, are related to his active military service and granted service connection for this condition.

The VA determined that the veteran's low back pain, currently rated at 20 percent, does not meet the criteria for a higher rating based on his current symptoms and medical evidence.

The Board has reopened the veteran's claims for PTSD and Crohn's disease, but denied service connection for a back disorder. The decision is mixed as some issues were granted while others were not.

The Board has denied the veteran's claim for an increased rating for his service-connected anxiety and conversion reaction with headaches, low back pain, fatigue, and insomnia.

The Board has determined that additional development is needed to determine the nature and etiology of any hip and back disorders, as well as the severity of the veteran's service-connected left ankle disorder. The case will be returned for further action.

The Board denied the claim for an increased rating and found that there was no factual basis to grant a higher evaluation. The appeal regarding the effective date of the total disability rating based on individual unemployability is also denied.

The Board has determined that the veteran's claims for increased ratings for his left humerus and back disabilities are denied as there is no evidence of loss of head of the humerus or flail shoulder, which would warrant a higher rating. The veteran's complaints of pain and muscle fatigue do not result in additional functional limitation beyond what is already contemplated by the current 60 percent and 30 percent ratings.

The veteran's tendinitis of the right rotator cuff, right PFJS, left PFJS, and lumbosacral strain are each rated at 10 percent.

The Board has remanded the case due to insufficient evidence and needs further development before a final decision can be made.

The Board has reopened the veteran's claim for pes planus due to new and material evidence submitted since the last denial. The issue of whether the veteran engaged in combat with the enemy during service is also addressed.

The Board denied the claims for an increased rating for service-connected left shoulder clavicle fracture and service connection for upper back, left arm muscle group, and left arm nerve disabilities secondary to the service-connected left shoulder clavicle fracture due to lack of well-groundedness.

The veteran's service-connected degenerative disc disease at L5-S1 is productive of severe intervertebral disc syndrome with recurring attacks of symptoms compatible with sciatic neuropathy and with intermittent relief, warranting a 40 percent rating.

The veteran's claim for special monthly pension based on the need for regular aid and attendance has been denied as she does not meet the criteria for such benefits due to her ability to perform daily activities without significant assistance.

The Board has dismissed the veteran's appeal for a timely substantive appeal of the denial of an increased evaluation for status post ACL reconstruction of the right knee. The claims for higher ratings for PTSD, patellofemoral pain syndrome (left knee), and myofascial lumbosacral spine pain are still pending.