Back / lumbar spine decisions — 2002

The veteran's service-connected lumbosacral strain is currently rated at 10 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Board denied the veteran's claim for service connection of a low back disorder, finding that there was no evidence showing an initial injury in service and concluding that her current condition is not related to her military service.

The Board has denied the veteran's claims for service connection for a neck disability and lower back disability, finding that there is no evidence of such disabilities during or within one year after service. The Board also found that the veteran did not provide credible evidence of continuity of symptomatology.

The Board has granted service connection for depression, arthritis of the lumbar spine, arthritis of the left ankle, and arthritis of the right ankle. The veteran's currently diagnosed conditions are considered to be related to his active duty service.

The Board found that the veteran does not currently suffer from any low back or knee disabilities that are related to his active military service.

The Board has granted service connection for a low back disorder effective November 18, 2001. For the period from November 18, 2001 to November 19, 2000, the appellant's disability was rated at 10 percent. Since November 20, 2000, the disability has been rated at 60 percent.

The Board denied the veteran's request for an earlier effective date of September 18, 1993, for his total disability rating based on individual unemployability due to service-connected low back disorder. The veteran had previously filed a formal application for increased compensation based on unemployability within one year of the VA examination that showed an increase in symptoms.

The veteran's low back strain with disc herniation and arthritis is currently rated at 20 percent, while his right knee arthritis remains at 10 percent. The right knee instability issue was also granted.

The Board has granted a disability rating of 60 percent for the appellant's service-connected degenerative disc disease, L3-4-5, effective from May 7, 1996. The previous ratings were denied.

The Board finds that the veteran did not sustain any residuals of an eye injury in service and does not have a current right eye disorder. The chronic headaches are not shown to be related to service, and there is no evidence of a low back disorder incurred during service.

The Board has determined that there is no competent medical evidence to support the veteran's claims for service connection for low back disability, cervical spine disability, and residuals of a right ankle sprain. The veteran's complaints have not been confirmed by current medical findings.

The Board has vacated the remand portion of its November 30, 2000 decision and consolidated the development with the ongoing process at the Board.

The Board denied the veteran's claims for service connection for a back disability and bilateral knee disabilities due to lack of current medical evidence linking these conditions to active service.

The Board has determined that new and material evidence has been submitted, allowing the veteran's claim for service connection to be reopened. The claim will now proceed on its merits.

The Board denied service connection for a back disorder and residuals of a right epididymectomy, finding that the evidence did not support these claims.

The Board has determined that additional development is needed for the veteran's claims, including obtaining medical records and arranging for examinations to assess his low back disability, loss of use of a creative organ, dental condition, and service-connected depression. The RO will then re-adjudicate these issues.

The Board has determined that new and material evidence has not been submitted to reopen the previously denied claims for service connection of a right knee disability and low back disability, resulting in their continued denial.

The veteran's claim for a permanent and total disability rating for pension purposes was denied due to the combined rating of his nonservice-connected disabilities not meeting the threshold for a total disability rating.

The Board has determined that the veteran's service-connected disabilities (low back and bilateral knee conditions) preclude him from obtaining or maintaining substantially gainful employment, warranting a total rating based on unemployability due to service-connected disabilities.

The Board has determined that the veteran's low back disability is currently rated at 60 percent, which is the maximum rating available under the applicable diagnostic codes. Therefore, an increased rating is denied.