Back / lumbar spine decisions — 2002

The veteran's skin disorder was not related to service, and his low back strain is rated at the maximum schedular rating. The claim for benefits under 38 U.S.C. § 1151 for a left shoulder and neck disorder was granted, but he remains unable to secure and maintain substantially gainful employment due to his service-connected disabilities.

The Board has determined that the veteran's myofascial and low back pain, currently rated at 20 percent disabling, warrants a higher evaluation of 40 percent due to severe limitation of motion. The cervical strain is also rated at 20 percent.

The VA denied the veteran's claim for a total disability rating based on individual unemployability due to his service-connected lumbosacral strain, finding that the evidence did not show he was unable to secure or follow a substantially gainful occupation.

The veteran's request for an increased evaluation of his service-connected lumbosacral strain was denied. The Board has ordered additional development, including a VA examination and review of the claims file to determine if new evidence supports reopening a previously denied claim for lumbar disc disease secondary to the service-connected condition.

The Board has determined that the veteran's low back and right knee disorders were not incurred or aggravated during service, and arthritis of these conditions was not manifest within a year after separation from service. The claims are therefore denied.

The Board denied the veteran's claim for a rating in excess of 20 percent for his service-connected lumbosacral strain, finding that the disability is primarily manifested by pain and limited motion. The evidence did not support higher ratings based on more severe symptoms or limitations.

The Board denied the appellant's claims for increased evaluations and a total disability rating based on individual unemployability due to his service-connected disabilities of recurrent lumbar strain, right knee status post arthrotomy with internal derangement, and arthritis of the right knee.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a back disability, but it is unclear whether any such evidence supports the claim based on active duty or Army Reserve training. The case will be remanded for further development.

The Board denied the veteran's claim for an initial rating in excess of 10 percent for his low back disorder, finding that it did not meet the criteria for such a higher rating based on the current manifestations.

The Board has denied the reopening of claims for service connection for low back, thyroid, inguinal hernias, and lung disabilities due to lack of new and material evidence.

The Board has denied the veteran's claims for service connection for a back disability and an increased rating for PTSD. The December 2000 VA examination report is inadequate for rating purposes.

The veteran's lumbosacral spine and left ankle disabilities have been granted initial compensable evaluations.

The Board has determined that the veteran's claimed conditions were not incurred or aggravated during active service and thus denied his claims for service connection.

The veteran's claim for an effective date earlier than September 1, 1999 for a 60 percent rating for residuals of a shell fragment wound with lumbar spinal cord stenosis and degenerative changes was granted. The veteran also received a schedular rating increase to 60 percent.

The Board has determined that the veteran's shortening of the right leg and low back disorder are not related to his active service or any incident thereof. The VA examinations and medical opinions have provided conflicting information, but the overall evidence supports the conclusion that the current conditions are unrelated to the in-service surgery.

The Board has determined that the veteran's lumbar disc disease is service-connected and has granted a 60% evaluation for her cervical spine disability.

The veteran's claim for an increased rating for bilateral hearing loss was granted, with a 10 percent evaluation effective September 5, 2000. The claims for low back pain and shoulder and neck disability as secondary to service-connected left arm wound were denied. Service connection for the neck disability was not addressed due to lack of evidence. PTSD claim is pending.

The VA denied an increased rating for the veteran's service-connected lumbosacral strain, currently rated at 10 percent.

The Board has denied the veteran's claims for service connection for a low back disorder and cardiovascular disease, finding that new and material evidence was not presented to reopen the claims. The RO previously denied these claims in August 1998, which is now final.

The Board has granted service connection for right shoulder bursitis and a 10 percent rating for low back pain, effective from the date of discharge.