Back / lumbar spine decisions — 2002

The Board found that the appellant's service-connected lumbosacral spine arthritis did not meet or approximate the criteria for a higher rating under any applicable diagnostic codes. The current 20% disability rating is therefore denied.

The veteran's claims for increased disability evaluations and service connection for migraine headaches were denied. The left knee disorder is characterized by range of motion from zero to 115 degrees, without instability or other significant impairment. Right knee chondromalacia does not meet criteria for a compensable evaluation. Mechanical low back pain is not productive of lumbosacral strain with specific symptoms. Sinusitis is not moderate and does not result in incapacitating episodes requiring prolonged antibiotic treatment. Migraine headaches are not service-connected.

The Board denied the veteran's claim of entitlement to service connection for a back disability, finding that there was no evidence linking his current condition to military service.

The Board found no evidence of a low back or right knee disability in service, and denied the veteran's claims for service connection.

The veteran's chronic low back pain with traumatic arthritis is rated at 40 percent disabling according to the VA rating schedule.

The Board has determined that new and material evidence has been presented to reopen the veteran's claim of service connection for a chronic lumbosacral strain, which was previously denied in an unappealed rating decision from November 1977.

The Board finds that the veteran's current low back disability is due to an injury sustained during active service and grants service connection for his degenerative joint disease of the lumbar spine with mild disc bulge at L2 and L3, and a bulge at L4-5 with a broad base protrusion and spinal stenosis.

The veteran's current 60 percent rating for low back strain with spondylolysis and spondylolisthesis at L5-S1 is upheld, while his left patella cyst status post arthroscopy and bone graft from the proximal tibia remains rated at 10 percent.

The Board has determined that the veteran does not meet the criteria for special monthly compensation by reason of need for regular aid and attendance or being permanently housebound due to his service-connected disabilities.

The veteran's service-connected low back disability is currently rated at the maximum schedular evaluation of 40 percent, as lumbosacral strain. The Board has determined that a higher rating under another diagnostic code or on an extraschedular basis is not warranted.

The Board denied the veteran's claims for service connection for sinusitis, headaches, a right hip disability, and a low back disability. The evidence did not support a finding of current disabilities or causation in service.

The Board has determined that the veteran's current lumbosacral spine disability is related to her service, and thus grants service connection for this condition.

The Board has reopened the veteran's claims for service connection for a low back disorder and a psychiatric disorder, but denied them on the merits. The evidence does not support a finding that these conditions were incurred in or aggravated by service.

The veteran's claim for a higher rating for inactive pulmonary tuberculosis was denied prior to October 7, 1996. From that date forward, the claim is granted with a combined disability rating of 70 percent due to service-connected conditions including inactive pulmonary tuberculosis and non-pulmonary tuberculosis (back condition). The veteran also received a grant of TDIU based on his service-connected disabilities.

The Board denied the veteran's claim for an increased evaluation for his service-connected lumbar degenerative disc disease with left S1 radiculopathy, finding that the current 60 percent rating is the maximum allowed under the applicable diagnostic code. The issue of entitlement to total disability based on individual unemployability (TDIU) was not addressed as it was inextricably intertwined with the claim for an increased evaluation.

The Board found no evidence to support service connection for degenerative arthritis of the lumbosacral spine, as it was not incurred or aggravated by active service. The veteran's current condition is attributed to post-service injuries and osteoporosis.

The Board denied the veteran's claim for service connection for a back disability, finding that there was clear and unmistakable evidence of pre-existing spondylolysis prior to service. The Board also found no aggravation beyond natural progression during active service.

The Board of Veterans' Appeals has denied the veteran's claim for service connection for a low back disorder due to lack of credible evidence supporting his claimed injury during service.

The Board of Veterans' Appeals has determined that the veteran's cervical spine, low back, and left shoulder disorders were not incurred or aggravated by active military service. The claim for myofascial syndrome was denied as there is no current chronic disability.

The Board has determined that the veteran's low back disorder is not related to service and denied his claim.