Back / lumbar spine decisions — 2002

The Board has determined that a 40 percent evaluation for the veteran's low back disability is warranted from May 1, 1995 to October 20, 1996. For the period commencing on October 21, 1996, an increased rating of 60 percent is granted.

The Board has granted the veteran's claim for TDIU due to his service-connected disabilities, including left knee and varicose veins. The issue of entitlement to service connection for a low back disability is remanded for further development.

The Board denied the veteran's claim for an initial rating in excess of 10 percent for chronic lumbar strain, finding that his condition did not warrant a higher evaluation based on the evidence provided.

The Board has determined that the veteran's current low back disability is not related to his active service and denied his claim for service connection.

The veteran's low back disability was granted a rating of 10 percent prior to July 31, 2001 and a rating of 20 percent from that date. The right ankle disability is rated as 10 percent disabling.

The veteran's service-connected low back disability, characterized as L4-L5 degenerative disc disease with stenosis and lumbosacral strain, has been found to warrant a 40 percent evaluation due to severe symptoms including muscle spasm and pain.

The Board found no evidence of an exceptional disability picture in this case and denied the veteran's claim for an extra-schedular evaluation.

The Board has determined that the veteran's degenerative joint disease of the lumbosacral spine warrants a 20 percent disability rating, which is the maximum schedular evaluation available under Diagnostic Code 5292.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for a low back disability, which was previously denied in January 1992. The reopened claim will now be reviewed on its merits.

The Board of Veterans' Appeals denied the veteran's claim for service connection for a herniated disc of the lumbar spine, finding that there was no evidence linking his current degenerative joint disease to his in-service low back pain.

The Board granted an effective date of October 6, 2000 for the grant of a 10% evaluation for service-connected low back residuals and November 9, 2000 for the grant of tinnitus. The veteran's claims were based on factual ascertainability.

The VA denied the veteran's request for an evaluation in excess of 40 percent for his service-connected discogenic disease of the lumbar spine, maintaining a current evaluation of 40 percent.

The VA denied the veteran's claims for ratings in excess of 10 percent for cervical and lumbar spine degenerative diseases, finding that the evidence did not support a higher rating based on current functional impairment.

The Board has determined that the veteran's service-connected conditions, including above-the-knee amputation of the right lower extremity and coronary artery bypass graft with hypertension, have rendered him unable to secure or follow a substantially gainful occupation. The combined disability rating is 80 percent.

The Board has determined that new and material evidence was not presented to reopen the veteran's claims for cervical spine disability and back disability. The right knee arthritis claim is denied as there is no evidence of a current disability related to military service, and the laceration scar claim does not meet the criteria for a compensable evaluation.

The Board has denied the veteran's claim for an earlier effective date for a grant of service connection for a low back disability, finding that no such effective date is warranted.

The Board has remanded the case for further development and adjudication, including addressing an earlier effective date for service connection of major depressive episode with psychotic features.

The Board found that the veteran's back condition was not caused or aggravated by his service, or by a service-connected disability.

The Board has granted a rating of 60 percent for the veteran's service-connected degenerative arthritis of the lumbosacral spine effective September 11, 2000.

The Board denied the veteran's claims for service connection for a bilateral leg disorder and a back disorder, finding no competent evidence linking these conditions to his service or service-connected disabilities.