Back / lumbar spine decisions — 2001

The Board has determined that the veteran's claimed PTSD, low back disability, tinea versicolor, headache disability, left ankle disability, and right ankle disability are not related to service. The VA has made efforts to obtain the veteran's service medical records but was unable to locate them.

The Board denied the veteran's claim for an initial rating in excess of 20 percent for his service-connected degenerative disc disease and traumatic arthritis of the lumbar spine, with postoperative residuals of a laminectomy and diskectomy at L5-S1.

The veteran's appeal includes claims for an increased rating for a T-12 compression fracture and spurring, as well as a claim for total disability based on individual unemployability due to service-connected disabilities. The case is being remanded for further development of the record.

The Board denied the veteran's claims for service connection and initial noncompensable ratings for his low back disorder, sinusitis, right ear hearing loss, sleep apnea, left wrist ganglion cyst, left shoulder disability, right knee disorder, and left ear hearing loss. The case is remanded to determine proper initial ratings.

The VA determined that the appellant's service-connected low back strain does not warrant a higher rating as it is currently manifested by intermittent muscle spasm and characteristic pain on motion.

The Board has denied the veteran's attempt to reopen his claim for service connection due to lack of new and material evidence.

The veteran's low back disability is the sole service-connected condition, rated at 60 percent. The Board finds that he does not meet the criteria for specially adapted housing or a special home adaptation grant due to lack of anatomical loss or use of extremities.

The Board has granted service connection for the veteran's lumbar spine disability, finding it to be a direct result of his military service.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 for a low back disability as a result of VA medical treatment, finding that new and material evidence had not been submitted to reopen the previously denied claim.

The Board has denied the veteran's claims for service connection for disabilities of the lumbosacral spine and legs and knees, bilaterally. The claim for service connection for bilateral hearing loss is pending.

The Board of Veterans' Appeals has determined that the veteran's bilateral pes planus is service-connected, based on evidence showing it first manifested during his active duty.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for degenerative disc disease of the lumbosacral spine with radiculopathy. The veteran's low back disability is being reviewed de novo.

The Board has determined that the veteran's degenerative changes in the lumbar spine are not related to his active military service, and thus denied his claim for service connection. The evaluation for the shrapnel wound to Muscle Group XX was also denied.

The Board finds that the initial 30 percent rating for degenerative disc disease, left (non-dominant) shoulder is proper based on limitation of motion. A separate 10 percent rating is assigned for a sharp, bony prominence posteriorly and laterally to the acromion which is painful.

The Board denied the veteran's claim for an initial evaluation in excess of 20 percent for lumbar disc syndrome, status post laminectomy on an extraschedular basis.

The veteran's claim for an increased evaluation for his service-connected degenerative disc disease of the cervical spine was denied as he failed to report for scheduled VA examinations without good cause.

The Board denied the veteran's claims for service connection for various conditions, including bilateral hearing loss, bilateral tinnitus, residuals of frostbite, a back condition, and a left knee condition. The veteran's stomach condition was not found to be proximately due to or aggravated by his service-connected PTSD. The claim for an increased rating for post-traumatic stress disorder (PTSD) is denied.

The Board denied the veteran's claims regarding CUE in previous decisions, denial of his claim for a back disability, and denial of his request for an earlier effective date. The case was remanded to determine if the veteran is entitled to an original rating of 20 percent for postoperative degenerative disc disease of the lumbar spine.

The Board denied the veteran's claim for an increased rating for her service-connected mechanical low back pain with degenerative changes, finding that there was no evidence to support a higher rating.

The veteran's service-connected low back disorder is currently rated at 10 percent, and the Board has determined that a higher rating is not warranted.