Back / lumbar spine decisions — 2002

The Board has denied the veteran's claims for increased ratings for his service-connected lumbosacral spine disorder, left knee arthritis, left hip arthritis, and left ankle arthritis.

The Board has determined that the appellant's low back disability, characterized as status-post lumbar laminectomy for herniated nucleus pulposus (HNP), with residual chronic lumbar strain and mild to moderate narrowing of L4-L5, is manifested by constant pain that is at times severe, limitation of lumbar spine motion, demonstrable muscle spasm, and absent left ankle jerk. The criteria for a 60 percent evaluation have been met.

The Board found new and material evidence to reopen the claim of service connection for a low back disorder. However, there is no indication that the veteran has a current knee disability or any other condition related to his military service.

The Board has granted a 40 percent evaluation for lumbosacral strain and a 60 percent evaluation for degenerative disc disease of the lumbar spine, effective from April 30, 1992.

The veteran's service-connected disabilities have prevented him from securing and following gainful employment since September 20, 1999. The RO granted entitlement to TDIU effective March 13, 2000.

The Board found that new and material evidence had been submitted to reopen the claim of service connection for post-operative residuals of a low back injury, but denied the reopened claim.

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

The Board denied the appellant's claims for higher ratings for his lumbar spine disorder, hypertension, and residuals of a right thigh injury as there is no evidence of severe intervertebral disc syndrome or severe limitation of motion in the lumbar spine.

The Board has granted a 40 percent rating for the veteran's service-connected chronic lumbar strain with intervertebral disc disease, effective from November 13, 1998.

The Board of Veterans' Appeals has determined that the veteran's current back disorders, including degenerative disc and joint disease of the cervical, thoracic, and lumbar spine, as well as lumbar spine spondylolisthesis, were not caused or aggravated by the May 1958 VAMC back surgery. Therefore, the claim for compensation benefits under 38 U.S.C.A. § 1151 is denied.

The Board found that the veteran's herniated nucleus pulposus of the lumbar spine is manifested by moderate intervertebral disc syndrome with recurring attacks, warranting a 20 percent evaluation. The preponderance of evidence did not support an evaluation in excess of 20 percent.

The Board found no evidence of a service-connected low back disorder and denied the veteran's claim.

The Board has determined that the effective date for service connection of a low back disability should be January 8, 1992, as it arose within one year after the veteran's active duty ended.

The Board has determined that the veteran does not have a current low back disorder, bilateral knee disorder, or ankle disorder. The medical evidence does not support service connection for any of these conditions.

The Board has denied increased evaluations for traumatic arthritis of the left middle finger and chronic low back strain as there is no evidence of significant impairment or limitation of motion.

The Board found that the veteran's left ankle, left knee, and back disorders were not incurred in or aggravated by service, nor are they etiologically related to service.

The Board has denied the veteran's claim for an increased rating for his low back strain, with degenerative changes, as the evidence does not show more than slight limitation of lumbar motion or other symptoms warranting a higher evaluation.

The Board has determined that there is no medical evidence of record showing the veteran has any of the claimed conditions, and thus service connection for gastritis, UTI, hearing loss, left knee disorder, bilateral ankle disorder, or lumbar spine disorder cannot be established.

The veteran's service-connected mechanical low back pain is rated at 20 percent, but the evidence supports a higher rating of 40 percent.

The Board denied an increased rating for the veteran's service-connected lumbosacral strain, currently rated at 20 percent.