Back / lumbar spine decisions — 2001

The veteran's nonservice-connected disabilities, including a low back disorder, hypertension, peripheral neuropathy of the left leg, and bilateral ankle disorders, do not meet the criteria for a permanent and total disability evaluation for pension purposes as his combined rating is 40 percent.

The veteran's degenerative arthritis of the thoracic spine does not cause any limitation of motion.,The veteran has been granted the maximum schedular rating available for his degenerative arthritis of the lumbosacral spine, and thus an increased rating claim must be denied based on a lack of entitlement under the law.,The veteran's spondylosis and degenerative disc disease of the cervical spine have also been granted the maximum schedular rating available, resulting in a denial of his increased rating claim for this condition.,There is no competent medical evidence indicating that the veteran's peripheral neuropathy of the lower extremities is related to his service-connected lumbosacral spine disorder.,The combined disability rating of 70 percent assigned from June 19, 1997 was correctly calculated by the M&ROC using the combined ratings table.,The criteria for a total rating for compensation based on individual unemployability due to service-connected disabilities have been met.

The Board denied increased ratings for bilateral hearing loss, tinnitus, and gastroesophageal reflux (GERD), as well as service connection for heart disease, emphysema, anxiety and depression, arthritis of joints, and a total rating based on individual unemployability.

The Board granted a 10 percent rating for the veteran's service-connected chronic lumbosacral strain and assigned noncompensable ratings to his service-connected chronic sprain of the right hip and left hip.

The veteran's low back and psychiatric disabilities were evaluated, but the evaluations did not meet the criteria for a compensable rating. The service-connected conditions are considered to be of direct service origin.

The Board has determined that the veteran's claims for service connection and increased ratings are denied. The neck disability is secondary to his service-connected lumbosacral strain, while basal cell carcinoma of the right forehead is presumed due to fuel exposure during active service.

The Board denied service connection for sinusitis, lumbosacral strain, and gastroenteritis.

The Board has remanded the case due to a significant change in the law and the need for additional development, including obtaining medical records and arranging for an examination of the veteran's low back disability.

The veteran's low back disability has been rated at 60 percent since July 12, 1995. The effective date for this rating is July 12, 1995.

The Board has dismissed the appeal for service connection of a heart murmur due to an inadequate substantive appeal. The veteran's herpes simplex virus of the chin is rated at 10 percent, and his lumbosacral compression fracture L4 with deformity L3-4 with moderate disc narrowing L5-S1 warrants a rating in excess of 10 percent.

The Board found no evidence of negligence or fault on the part of VA in causing additional low back disability resulting from 1996 surgery. The veteran's claim is denied.

The veteran's service-connected cardiac arrhythmia is currently rated at 30 percent, effective from August 1, 1997. The evaluation remains unchanged as the current criteria do not warrant a higher rating.

The veteran's claim for an increased rating for his lumbar disc syndrome and a TDIU is being remanded due to the need for additional medical examination.

The Board denied the veteran's claims of service connection for bilateral hip disability and an increased rating for chronic low back strain, finding no current hip disability and concluding that the evidence did not meet the criteria for a higher rating under applicable diagnostic codes.

The Board denied an increased disability evaluation for the veteran's lumbar strain, finding that the current 20 percent rating adequately reflects the severity of his condition.

The Board has remanded the case due to the need for clarification of the veteran's medical history and a VA examination to determine the cause(s) of his lumbar spine disorder.

The Board denied the veteran's claims for increased evaluations and service connection, finding that the evidence did not warrant an evaluation greater than 10 percent for his hypertension disability or additional support for a claim of allergic rhinitis.

The veteran's appeal is being remanded to the RO for procedural matters, including scheduling a hearing and ensuring compliance with the Veterans Claims Assistance Act of 2000.

The Board has denied the veteran's claims for service connection for various joint disorders, including a low back disorder, left knee disorder, bilateral wrist and ankle disorders, as well as chronic pain in multiple joints. The RO also denied her increased rating claim for her right knee disability.

The VA denied the veteran's claim of service connection for degenerative disc disease with neck spasms, citing lack of a secondary relationship to his service-connected residuals of a shell fragment wound to the left neck.