Back / lumbar spine decisions — 2002

The Board denied the appellant's claims for increased ratings, service connection, and individual unemployability due to his service-connected disabilities. The RO also found no clear and unmistakable error in previous rating decisions.

The Board has denied the veteran's claims for increased evaluation of right ilioinguinal nerve entrapment and service connection for a low back disorder. The evidence does not support an increase in disability rating or service connection.

The veteran's claim for an increased rating for lumbosacral strain and his TDIU claim were both denied. The Board found that the veteran exaggerated his symptoms, and there was no evidence of any service-connected condition related to exposure to burn pits, Agent Orange, Camp Lejeune, radiation, or Gulf War. The veteran's disability did not meet the criteria for a higher rating under VA's schedular guidelines.

The Board found no evidence linking the veteran's current low back disorder to his military service and denied his claim for service connection.

The Board has granted a 40 percent rating for the veteran's lumbosacral spine disorder, effective from July 1993. The claim for peripheral neuropathy was reopened and service connection was established.

The Board denied the veteran's claims for service connection for chronic low back pain and spondylosis of the lumbar spine with multi-level stenosis, finding that there was no evidence linking these conditions to active service.

The VA denied the veteran's claim for a higher initial rating for his low back disability, currently rated at 40 percent. The evidence showed severe limitation of motion and degenerative changes in the spine.

The Board has determined that new and material evidence has been received to reopen the veteran's claim of service connection for back disability, which was previously denied in August 1956. The decision will now proceed to consider the merits of the reopened claim.

The Board found that a timely notice of disagreement was filed in October 1999, reinstating the appeal. The February 1998 rating decision granting service connection for lumbosacral strain and thoracic and left trapezius strain is considered granted.

The veteran's initial claim for an evaluation of left testicle torsion was granted, but he is denied service connection for other claimed conditions. The Board found no medical evidence linking the in-service complaints and injuries to current disabilities.

The Board has determined that the veteran's service-connected chronic lumbosacral strain warrants a 40 percent evaluation, which is the maximum schedular rating available under Diagnostic Codes 5289, 5292, and 5293. The veteran also received a separate 10 percent rating for demonstrable deformity of a vertebral body. No higher ratings are warranted based on the evidence provided.

The Board has remanded the case for further development and readjudication, including obtaining medical records from a VA outpatient clinic in Orlando. The veteran's claims for increased ratings of his low back disability and post-operative deviated nasal septum with chronic sinus congestion are being considered.

The Board has restored the veteran's TDIU rating for the period from January 1, 1990 to November 30, 1990. The RO had previously terminated the TDIU effective August 1, 1985 due to the veteran's employment.

The Board found that the veteran's disabilities, including severe cardiac arrhythmia and degenerative disc disease of the low back with radicular symptoms, rendered him unemployable throughout the appeal period. The RO had overlooked significant disability such as hypertension and rated the veteran's low back disorder too low.

The veteran's service-connected disabilities are so disabling that he requires regular aid and attendance, meeting the criteria for special monthly compensation based on need for regular aid and attendance.

The Board denied an increased rating for the veteran's lumbosacral strain with mild disc bulging and protrusion, finding that there was no evidence of more than a slight limitation of motion or intervertebral disc syndrome.

The Board found no evidence of a chronic condition in service and insufficient competent medical evidence to support the veteran's assertions that his current symptoms are related to service. The claim for service connection was denied.

The Board denied the veteran's claim for service connection of a low back disorder as secondary to his service-connected left knee disability. The issue of extension of a temporary total disability rating based on an April 1995 right knee surgery is also pending and will be addressed in a separate decision.

The veteran's appeals for increased ratings on PTSD, chronic low back pain with recurrent muscle spasm, and chronic prostatitis were dismissed. The issue of an effective date prior to June 28, 1991, for a TDIU was also dismissed as the claim had been previously denied in May 1990.

The Board has determined that the veteran's claim of service connection for lumbosacral strain was denied in February 1984 and no new and material evidence has been received to reopen this claim. The other issues on appeal have not been decided.