Back / lumbar spine decisions — 2002

The Board denied the veteran's claim for service connection for degenerative disc disease of the lumbar spine, finding no evidence that it was incurred or aggravated by active service.

The Board has granted a 20 percent rating for myofascial lumbar pain syndrome and denied the claims for earlier effective dates for service connection of synovitis of both knees.

The Board found that the veteran's claimed psychiatric, sinus, ear, and low back disorders were not incurred or aggravated by service. The appeals for these conditions have been denied.

The Board has granted a higher evaluation for bilateral pes planus and reopened the previously denied claims for service connection of back disorder and bilateral knee disorders, both secondary to bilateral pes planus. However, it was determined that brain damage is not related to service.

The veteran's service-connected low back disability is rated at 60 percent effective October 2, 2001.

The veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and scheduling VA examinations to address his right knee and back conditions.

The Board has determined that the veteran's lumbar spine disorder, which includes symptoms such as pain and slight limitation of motion, warrants a disability rating of 20 percent.

The Board has granted service connection for upper and lower back disorders, finding that the veteran's inservice injury may have contributed to his current conditions. The right knee disability is currently rated at 20 percent due to moderate impairment of motion.

The Board denied the appellant's claims for increased ratings for his service-connected left knee and right knee disabilities, as well as his secondary service connection claims for degenerative changes of the lumbar spine and right ankle. The appellant was granted a temporary 100% evaluation for his total knee arthroplasty.

The Board has determined that the veteran's diagnosed low back strain is chronic and incurred in service, granting service connection for this condition.

The Board has determined that the veteran's lumbosacral strain warrants a 40 percent rating, which is the maximum schedular rating available under Diagnostic Code 5295.

The Board found that the veteran's scoliosis of the lumbar spine warrants a 20 percent evaluation, which is the highest rating available under the applicable diagnostic codes. The evidence did not support an increase in disability beyond this level.

The veteran's claim for special monthly pension based on the need for regular aid and attendance was denied as he did not meet the criteria for such benefits due to his current physical condition.

The Board has dismissed the issue of whether a substantive appeal received on February 5, 2001 was timely filed because it pertains to one of the claims that he already had perfected an appeal to the Board. The Board retains jurisdiction over the other issues: whether new and material evidence has been submitted to reopen the claim for service connection for residuals of a low back injury, and entitlement to a compensable rating for hearing loss in the right ear.

The Board has determined that the veteran's degenerative joint disease of the lumbosacral spine is a residual from his in-service injuries and grants service connection for this condition.

The Board found that the veteran's back disability was not incurred in or aggravated by her active duty service and denied her claim for service connection.

The veteran's appeal has been dismissed due to his failure to report for scheduled VA examinations and hearings, as well as his lack of communication with the RO.

The Board denied the veteran's claim of entitlement to service connection for a back disorder, finding that there was no evidence of an in-service injury or disease and insufficient post-service medical evidence linking his current condition to service.

The Board has reopened the veteran's claim for service connection for a low back disorder and granted it, finding that there is sufficient evidence to link his current condition to service.

The Board found that the veteran's current lower back disabilities are not related to his military service and denied his claim for service connection.