Back / lumbar spine decisions — 2001

The Board has denied the veteran's claims for increased ratings and service connection for various conditions, including mechanical low back pain, a laceration of the right hand, residuals of left shoulder injury, residuals of right shoulder injury, residuals of left knee injury, residuals of right knee injury, residuals of left ankle injury, a bilateral foot disorder, hepatitis B, residuals of cold injury to the feet, and allergic conjunctivitis.

The Board has denied the veteran's claims for service connection for flat feet and PTSD, finding that new evidence submitted since the prior denial is not material. The claim for a back disorder was also denied as there was no competent medical evidence linking the current condition to service.

The Board found no evidence of a current disability for which service connection may be granted, including for the claimed bilateral hip condition, knee condition, ankle condition, low back condition, and hearing loss. Therefore, service connection is denied.

The veteran is seeking service connection for degenerative disc disease of the lumbar spine, which he claims is related to a bicycle accident in 1946. The Board has ordered another VA orthopedic examination and remanded the case due to new evidence.

The Board of Veterans' Appeals (Board) has denied the veteran's claim for service connection for a low back disorder, but remanded the case to the RO for further development.

The Board has granted a 40 percent disability rating for the veteran's low back disorder, effective October 1, 1994. The skin disorder claim was not addressed as it did not meet the criteria for a compensable rating.

The Board has reopened the veteran's claims for service connection for bilateral hearing loss and low back disability, but denied these claims as his submitted evidence was not sufficient to establish a well-grounded claim.

For the period from September 1, 1994 to January 19, 1996, a 20 percent evaluation for chronic lumbosacral strain with degenerative joint disease and postoperative residuals of a synovial cyst is granted.,From April 1, 1996, the veteran's low back disability has not met criteria for an evaluation in excess of 20 percent.

The Board found that the veteran does not require regular aid and attendance or be considered housebound due to his disabilities.,VA determined that recovery of the overpayment is against equity and good conscience, considering factors such as the appellant's lack of fraud and undue financial hardship.

The Board has reopened the veteran's claim for service connection of PTSD and granted a 30 percent rating for headaches. The ratings for irritable bowel syndrome, low back disorder, and residuals of left foot injury remain unchanged.

The veteran's service connection claims for arthritis of the ankles, degenerative changes of the lumbar and thoracic spine, and degenerative disc disease of the cervical spine have been granted. The veteran is currently assigned a noncompensable rating for arthritis in both knees.

The Board has determined that the veteran's history of back injury with residual low back pain is due to an injury incurred in service, granting service connection for this condition.

The veteran's appeal is being remanded for further development, including obtaining medical records and arranging for a VA examination to assess the extent of his knee disabilities. The issue of entitlement to a rating in excess of 10 percent for low back disability will be addressed separately.

The veteran's service-connected disabilities do not permanently and totally preclude him from engaging in substantially gainful employment, as his combined disability rating is 30 percent.

The veteran's low back disorder is currently rated at 40 percent, effective from December 1997. The claim for service connection for sciatica remains pending.

The Board has determined that the veteran's low back strain disability does not warrant a rating in excess of 20 percent.

The Board denied the veteran's claims for increased ratings for his service-connected lumbar spine disc disease and right foot fracture with residual arthritis, finding that the evidence did not support a higher rating based on the current level of disability.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for a low back disorder as secondary to his service-connected residuals of a fracture of the left ankle. However, the Board has also determined that the veteran's current low back disorder is not related to his service-connected left ankle disability.

The Montgomery, Alabama, Regional Office denied an increased rating for degenerative disc disease. The case is being remanded to the RO for additional development of evidence.

The veteran's service-connected back injury is currently rated at 40 percent disabling, reflecting the severity of his symptoms and impairment.