Back / lumbar spine decisions — 2001

The Board has determined that the veteran is entitled to increased ratings for PTSD from January 15, 1998 to March 26, 2000 (to a maximum of 30 percent), but not beyond. The veteran's PTSD was found to be manifested by mild symptoms before March 27, 2000 and moderate symptoms thereafter.

The veteran's back and leg pain, as well as his urinary and bowel incontinence worsened after his August 1996 VA surgery. However, the Board found that these were necessary consequences of the surgery.

The veteran's claim for a higher rating for his service-connected synovitis of the left knee was granted, but he remains entitled to service connection for other disabilities including right and left knee issues, shoulder problems, low back pain, hip issues, and kidney concerns.

The veteran's service-connected bilateral pes planus has aggravated his nonservice-connected degenerative and discogenic disease of the lumbar spine, resulting in radiculopathy. The Board finds that this constitutes a classic Allen situation where the aggravation is proximately due to the service-connected condition.

The Board granted service connection for duodenal ulcer and disabilities of the eyes, including cataracts and glaucoma, due to mustard gas exposure. Service connection was denied for furunculosis, residuals of low back injury and ankylosing spondylitis, and residuals of rib fractures.

The veteran is seeking a review of the disability evaluation for her service-connected arthritis of the lumbar spine, L4-5, with sacroiliitis. The RO has been instructed to consider whether the current 20 percent rating should be maintained or if a separate rating for degenerative joint disease should be assigned.

The Board denied the veteran's claim for a rating in excess of 40 percent for his service-connected degenerative changes to the lumbar spine, finding that there was no new and material evidence to reopen the claim. The RO had previously granted service connection and assigned a 10 percent disability rating effective August 1998.

The Board has granted a 60 percent evaluation for the veteran's service-connected degenerative joint disease and herniated nucleus pulposus of the lumbosacral spine, finding that the symptoms meet the criteria for such an increased rating.

The Board has granted service connection for the residuals of a low back injury with degenerative disc disease effective from October 6, 2001. The veteran's claim was reopened and granted on this date.

The veteran's claim for an increased disability rating for service-connected lumbosacral strain is being remanded due to the need for additional development, including obtaining VA treatment records and Social Security Administration (SSA) records. The case will be reviewed after these records are obtained.

The Board has determined that the veteran's service-connected degenerative disc syndrome of the lumbosacral spine warrants a disability evaluation in excess of 40 percent, as it is manifested by pronounced symptoms including pain on motion and muscle spasm with little intermittent relief.

The Board denied the veteran's claim of service connection for a low back disorder, finding insufficient medical evidence to support a relationship between his current condition and any in-service injury or disease.

The Board has reopened the veteran's claim of service connection for hypertension and is granting this issue. The RO should obtain updated medical records to evaluate any current back disability, including a VA orthopedic examination. Additionally, the claims concerning an undiagnosed illness must be remanded for consideration under the new regulation.

The RO denied an increased rating for the veteran's service-connected post-traumatic lumbosacral strain and did not address his TDIU claim.

The case is being remanded for additional development, including a VA examination to clarify the relationship between the service-connected low back disorder and any neurological symptoms.

The veteran's appeal is remanded due to the need for additional medical examinations and records, as well as consideration of his claims based on VA regulations.

The veteran's service-connected traumatic arthritis of the lumbar spine, cervical spine, and right knee have been granted with respective evaluations of 20%, 10%, and 10% since January 1996. The claim for bilateral ulnar neuropathy was denied.

The Board denied the veteran's request to reopen his claim for service connection for a back condition, finding that the evidence received since the March 1985 RO decision is either cumulative or not significant enough to warrant reopening the claim.

The veteran's claim for service connection for a back disability was denied by the RO. The VA examiner found no evidence of a low back disorder during service and concluded that any current low back pathology is not related to service.

The veteran's claim for additional compensation benefits for a spouse is denied because the evidence does not establish that J.B. is her valid spouse.