Back / lumbar spine decisions — 2002

The Board has determined that the veteran's current lower lumbar condition is not proximately due to or the result of his service-connected right knee Osgood-Schlatter's disease, and therefore denied his claim for service connection.

The Board denied service connection for a back disorder, finding that the veteran's current condition is not related to his active duty service.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for a low back disability, which was previously denied in November 1970. The reopening is based on recent VA and private treatment records showing objective evidence of current low back disability.

The Board denied the veteran's claims for secondary service connection for neuropathy of the left lower extremity, an increased rating for PTSD, and an increased evaluation for right below knee amputation. The claim for an increased evaluation for lumbosacral strain was not addressed in this decision.

The Board has determined that the veteran's current cervical spine condition was not incurred during service and is not related to his service-connected left shoulder disorder. The claim for service connection is therefore denied.

The veteran's service-connected low back disorder, characterized by degenerative joint disease and lumbosacral radiculopathy, is now rated at the maximum allowable under Diagnostic Code 5293 due to pronounced symptoms including persistent sciatic neuropathy with characteristic pain and demonstrable muscle spasm.

The Board found that the veteran does not have a current low back disability for VA purposes and denied his claim of entitlement to service connection for a low back disorder.

The veteran's service-connected disabilities do not prevent him from securing or following substantially gainful employment considering the impairment from the disabilities and his educational and occupational background. The requirements for a TDIU rating have not been met.

The Board denied the veteran's request to reopen his claim for service connection for a low back disorder because no new and material evidence was submitted, and the existing evidence did not show that any pre-existing condition worsened during service.

The Board has determined that the evidence submitted since the March 1997 rating decision is not new and material, thus denying the veteran's request to reopen his claim for service connection for a low back disorder.

The veteran's service-connected mechanical low back pain is rated at a 10 percent evaluation since October 1, 1995. The claim for an increased rating remains in controversy as the current evaluation does not meet the criteria for a higher rating.

The Board denied the veteran's claim for service connection for a back disability in September 1987, finding that his episodes of back strain or sprain during service were acute and transitory with no residual disability. The Board also determined that his diagnosed degenerative disc disease was not related to service.

The Board denied the veteran's claims of service connection for right ankle, left ankle, and low back disabilities due to a lack of medical evidence showing current diagnoses.

The Board found no evidence to support the veteran's claim that his degenerative discopathy of L2 and L3 and transitional vertebra was incurred in or aggravated by service, including a service-connected fracture of the mid-sacrum. The Board concluded that the preponderance of the evidence is against this claim.

The Board denied the veteran's claim for service connection for a low back disorder, finding that his current lumbar spine disability was not related to his inservice back complaints and is unrelated to service.

The veteran's claims for service connection were denied. The claim for increased evaluation of Achilles tendonitis was granted, with a rating of 10%. No new or material evidence was submitted to reopen the claims for residuals of back injury and gastrointestinal disorder.

The veteran's service-connected coccygodynia with degenerative disc disease at L4-5 is currently rated at the maximum schedular evaluation of 60 percent. The Board finds that the disability picture does not warrant an extraschedular rating.

The Board has granted service connection for the veteran's cervical spine disability and assigned a 20 percent initial rating for his low back disability, effective from the date of separation from service.

The Board denied an initial rating in excess of 40 percent for lumbar disc herniation at L4-L5 with degenerative changes, as the veteran's slight to moderate limitation of motion did not warrant a higher evaluation.

The veteran's right knee disability is rated at 60 percent, and service connection for his low back disorder and bowel incontinence are granted as secondary to these conditions. The TDIU claim is also granted.