Back / lumbar spine decisions — 2001

The Board denied the veteran's claims for service connection for a low back disorder, claimed as secondary to his service-connected left knee disorder and for an increased rating for Achilles tendonitis. The claim for a temporary total evaluation due to treatment for a service-connected disability requiring convalescence was also denied.

The veteran's appeals for increased ratings were denied. The right knee condition is rated as 10 percent disabling, with a separate rating of 10 percent for DJD. Lumbosacral strain is also rated at 10 percent.

The Board has determined that the veteran's myofascial pain syndrome of the low back was incurred during service and granted service connection for this condition.

The Board has determined that new and material evidence has not been submitted to reopen the claim of service connection for a low back disability, resulting in a denial.

The Board has dismissed the veteran's claims as he did not file a timely substantive appeal within one year of the August 1998 rating decision.

The Board has denied the veteran's claim of service connection for an unspecified back disability due to lack of evidence supporting a current disability and no credible assertions or medical findings linking any current condition to his military service.

The Board has reopened the veteran's claim of service connection for a back disability due to new and material evidence submitted since the April 1973 decision. The issue now is whether service connection should be granted.

The Board denied the veteran's claim for an earlier effective date of June 3, 1994 for a total disability rating based on individual unemployability due to service-connected disabilities. The evidence did not show that the veteran was unable to secure or follow substantially gainful employment prior to this date.

The Board has granted a 60 percent rating for the veteran's service-connected residuals of a compression fracture at L-1, finding that his pronounced degenerative disc disease warrants this increased rating.

The veteran's PTSD was granted with a 70 percent evaluation, and other service-connected conditions were also granted. The veteran's TDIU claim was also granted.

The Board found that service connection for ocular hypertension (claimed as glaucoma) is granted, and the rating for degenerative disc disease of the cervical spine was increased to 20 percent.

The veteran has been granted service connection for PTSD and chronic low back strain and spinal stenosis with L3-4 disc protrusion. The Board found that the veteran's PTSD is related to an in-service shooting incident, which supports a diagnosis of PTSD. For his low back disability, the Board determined that he should receive separate ratings based on different periods of time due to disagreement with initial rating decisions. The veteran's low back condition was rated as 40 percent disabling prior to May 31, 1996 and more than 60 percent disabling from that date onwards.

The veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation.

The veteran is entitled to VA payment or reimbursement for medical expenses incurred in November 12, 1998 due to a motor vehicle accident. The claims for service connection for peripheral neuropathy and reopening of the malaria and diabetes claims are referred to the RO.

The Board has determined that the appellant's lumbosacral spine degenerative disc disease with L4-5 laminectomy residuals is currently rated at the maximum schedular evaluation of 60 percent, and thus no higher rating can be granted under any other criteria. The appeal for an increased disability evaluation is denied.

The veteran's service-connected lumbar and cervical spine disabilities have been rated at the maximum available benefit, with an effective date of September 23, 1989.

The Board denied an increased evaluation for the veteran's service-connected low back strain, finding that there was no new evidence to reopen the claim and that the current 10 percent rating adequately reflects the veteran's disability.

The Board found that the cause of the veteran's death was not due to service-connected disabilities, including his service-connected knee and back conditions.

The veteran's service-connected right patellar tendinitis and lumbosacral strain were granted increased ratings, while the other conditions remained at their current levels. The veteran's hypertension was also granted an increased rating.

The veteran's service-connected disabilities, including low back strain, hypertension, and residuals of a stroke with dysarthria, are found to be so severe that they prevent him from securing or following substantially gainful employment.