Back / lumbar spine decisions — 2001

The Board has denied the claim for an effective date earlier than August 18, 1997 for service connection of residuals of injury to lumbar spine and post-traumatic headaches.

The veteran is seeking an earlier effective date for his total rating based on individual unemployability, but the RO has denied this request. The case will be remanded to obtain additional evidence and ensure full compliance with VA's duty to assist.

The Board denied the veteran's request for an earlier effective date of February 12, 1992, for service connection due to new and material evidence submitted in support of his reopened claim.

The Board has determined that the veteran's service-connected low back disability warrants a 40 percent evaluation, based on marked limitation of forward bending and loss of lateral motion.

The Board has granted a 20 percent evaluation for the veteran's service-connected degenerative joint and disc disease of the lumbar spine, effective June 7, 1999. The evaluations for his bilateral knee disorders remain at 10 percent.

The Board has determined that additional development is needed to properly address the veteran's claims, including obtaining medical records and conducting examinations.

The Board finds that the appellant's claimed spinal, left ankle and TMJ disabilities were not incurred or aggravated in active service. The evidence does not support a finding of service connection for these conditions.

The Board found that the veteran's low back disability, including a herniated disc at L5-S1, existed prior to his active duty for training and was aggravated during this period. The condition is therefore considered service-connected.

The Board has granted a 20 percent rating for the veteran's service-connected lumbosacral strain with spondylolisthesis at L5-S1, finding that the disability picture more nearly approximates moderate limitation of motion. The next higher rating under Diagnostic Code 5292 is warranted.

The Board has determined that the veteran's current disabilities of the cervical and lumbar segments of the spine are related to his military service.

The Board has determined that the veteran's back and heart disorders are not service-connected as they did not manifest during active duty or within one year of separation, and there is no medical evidence linking these conditions to any inservice injury or disease.

The VA denied the veteran's claims for higher initial evaluations for degenerative disc disease at C6-C7 with radiculopathy and bilateral hearing loss.

Your claim for service connection for herniated lumbar disc (intervertebral disc syndrome) has been granted, and you are now receiving a 10% disability rating effective from May 1999. The appeal is dismissed as the issue of initial rating has been resolved.

The Board has determined that a 30 percent rating is warranted for the veteran's right knee disability, and service connection for a low back disorder as secondary to his right knee disability is granted.

The veteran's service-connected degenerative joint disease of the lumbar spine with herniated nucleus pulposus, status post laminectomy and diskectomy is rated at 40 percent, which is the maximum schedular rating available for this condition. The veteran's service-connected degenerative joint disease of the cervical spine does not warrant a compensable rating.

The veteran's claim for a total rating for compensation purposes based on individual unemployability was denied as the effective date could not be earlier than September 27, 1999 due to lack of factual ascertainability within one year prior.

The RO denied increased ratings for the veteran's service-connected hypoparathyroidism and degenerative disc disease with cervical stenosis of the cervical spine.

The Board finds no basis for granting the veteran's claims of service connection for PTSD and DDD at L5-S1, as there is insufficient evidence to establish a link between these conditions and his period of active duty service. The claim for TDIU remains pending.

The veteran's overpayment of VA compensation benefits was denied because recovery would not be against the principles of equity and good conscience.

The Board has reopened the claim for service connection for a back disability and remanded the issues of increased ratings for right knee disabilities to the RO for further development.