Back / lumbar spine decisions — 2002

The Board denied the veteran's claims for increased disability ratings for herniated nucleus pulposus at L5-S1 of the lumbar spine, residuals of compression fractures T8 and T9 of the thoracic spine, and residuals of fractures to the left ulna and radius. The appeal is based on direct service connection.

The Board has assigned the highest possible schedular disability rating (40 percent) for degenerative arthritis of the lumbosacral spine due to severe limitation of motion, and denied higher ratings based on ankylosis or other criteria. The initial rating for degenerative arthritis of the left hip is 10 percent.

The Board has determined that the appellant's service-connected lumbosacral strain warrants a 10 percent disability rating, which is the maximum schedular evaluation available under Diagnostic Code 5295. The appeal for an increased rating is denied.

The Board found that the veteran does not have generalized arthritis related to his period of service or caused by his service-connected disabilities.

The VA determined that the veteran's lumbar syndrome due to electroconvulsive therapy is currently evaluated at a 20 percent disability rating, which was continued.

The Board has denied the veteran's claim of service connection for low back disability, finding that there is no medical evidence showing a direct relationship between his current condition and his military service.

The evidence submitted since the last final denial indicates that the veteran's low back disorder has not resolved, and thus is reopening his claim for service connection.

The VA denied the veteran's claims for a compensable evaluation for bilateral hearing loss and an increased evaluation for lumbosacral strain with narrowing of L5-S1, finding that neither condition warranted such evaluations based on current medical evidence.

The Board found that the current evaluations for impairment of the right knee, left knee, and lumbosacral strain do not adequately reflect the severity of the veteran's disabilities. The criteria for an evaluation in excess of the currently assigned ratings have not been met.

The Board found that the veteran's low back strain, neck strain, and bilateral shoulder impingement were not caused or aggravated by his service-connected left knee disability.

The Board found that the veteran's preexisting low back condition did not worsen during service and denied his claim for service connection.

The Board denied the veteran's claims for increased ratings for his lumbosacral strain with degenerative arthritis and spinal stenosis, finding that the disability did not warrant a rating higher than 20 percent prior to August 16, 1996, or any rating greater than 40 percent on and after that date.

The Board has determined that new and material evidence has been received to reopen the veteran's claim for service connection for back disability. However, the Board finds that the preponderance of the evidence is against the veteran's claim as his current back problems are not related to his period of active service.

The VA denied the veteran's claim for an increased disability evaluation for his service-connected low back syndrome, finding that it did not meet the criteria for a rating higher than 10 percent.

The VA determined that the veteran's lumbosacral strain, which was initially granted in November 1999 with a 10% evaluation, does not warrant an increase beyond this rating.

The Board found that the veteran's disabilities do not meet the criteria for a permanent and total disability rating for pension purposes, as they are not severe enough to prevent him from engaging in substantially gainful employment.

The Board denied the veteran's claims for service connection for COPD, circulatory problems, and a back condition as secondary to nicotine dependence. The basic eligibility for educational benefits under 38 U.S.C. Chapter 35 was also denied.

The veteran's current arachnoiditis of the low back was caused by VA medical treatment during a hospitalization from October 7 to 13, 1993. The Board found that the criteria for compensation under 38 U.S.C.A. § 1151 were met.

The Board has remanded the case for additional development of evidence and adjudication on the merits.

The Board has determined that there is no medical evidence linking the veteran's current low back disability to his active military service, and thus denied the claim for service connection.