Back / lumbar spine decisions — 2002

The Board has reopened the claims of service connection for a bilateral knee disorder and a back disorder. The claim of residuals of a left foot injury is denied.

The veteran's claims for increased evaluations for hallux valgus of both feet and lumbosacral strain have been denied as there is no schedular basis for initial evaluations in excess of the currently assigned ratings.

The Board has denied the veteran's claims for service connection for viral hepatitis B, a bilateral knee disorder, and residuals of viral meningoencephalitis with mild memory impairment, mild expressive aphasia, and headaches. The back disability is currently evaluated as 10 percent disabling.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for a back condition, and thus the appeal is granted.

The Board of Veterans' Appeals found that the appellant's back disorder did not have its onset in service and is not related to his military service, thus denying his claim for service connection.

The Board has granted service connection for back disability, duodenal ulcer, and left knee disorder. The initial ratings have been adjusted to reflect the severity of each condition.

The Board of Veterans' Appeals has determined that the veteran's spondylolisthesis, a congenital condition aggravated by an in-service injury, is service-connected.

The Board denied the veteran's claims for increased evaluations for his right and left knee disabilities, cervical spine disability, headaches, and ganglion cyst of the wrist. The appeals were based on direct service connection.

The Board has determined that the veteran's low back disability warrants a rating of 40 percent effective from June 20, 2000, based on severe impairment manifested by severe spasms, extreme pain, and substantial decrease in forward flexion.

The Board has determined that the veteran's lumbar disc herniation with degenerative joint disease of the lumbar spine is not service-connected, as it did not occur during or as a result of his service-connected right knee disability. The VA examiners concluded that the back injury was unrelated to the knee problem.

The Board has determined that the veteran's service-connected postoperative spondylolisthesis at L5-S1, with degenerative disc disease and lumbar spinal stenosis, warrants a rating of no more than 20 percent.

The Board has determined that the veteran's service-connected chronic low back syndrome warrants a 40 percent evaluation, reflecting significant functional impairment and symptoms including pain, spasms, and radiculopathy.

The Board denied the appellant's claim for service connection for a low back disability, finding that there was no evidence of an in-service injury or disease and that any current condition is not related to his military service.

The Board granted a 40 percent evaluation for lumbosacral strain from August 9, 2000. The veteran's claim was previously denied multiple times and remanded several times due to inconsistencies in the evidence.

The Board has determined that the veteran's cervical spine disability is related to the March 1991 VA treatment, but his lumbar spine disability is not. The veteran is granted benefits for the cervical spine issue and denied for the lumbar spine issue.

The Board denied the veteran's claims for an increased rating for his right knee disability and the propriety of reducing his low back pain rating. The right knee condition is currently rated at 10 percent, while the low back pain was reduced from 20 to 10 percent.

The Board has granted a 20 percent rating for the veteran's service-connected mechanical low back pain, currently rated as 10 percent disabling. The disability is characterized by moderate limitation of motion of the lumbar spine.

The Board of Veterans' Appeals has determined that the veteran's low back disability was not incurred or aggravated during his military service and therefore denied his claim for service connection.

The veteran's claim for increased compensation for his back disability was granted, and he is currently rated at 40 percent disabling effective February 22, 1999.

The Board has remanded the case for additional development, including a statement of the case regarding service connection for lumbar disc herniation and degenerative disease. The increased evaluation claim will be considered after this issue is resolved.