Back / lumbar spine decisions — 2002

The Board has granted a 60 percent evaluation for the veteran's postoperative herniated disc, lumbar spine, finding that it more nearly approximates the criteria for such an evaluation. The veteran was previously rated at 40 percent and now receives a higher rating.

The veteran's gunshot wound of the low back with damage to Muscle Group XX is rated at 20 percent, and his arthritis of the lumbar spine, residual of a gunshot wound, is rated at 40 percent. The higher rating for arthritis was granted as it meets the criteria for severe limitation of motion.

The VA has determined that the veteran's low back disability, manifested by pain radiating to the lower extremities and moderate limitation of motion of the lumbar spine, does not warrant a rating higher than 40 percent.

The veteran's claim for an extension of eligibility for vocational and rehabilitation training under the terms and conditions of Chapter 31, Title 38, United States Code was denied because his service-connected low back disability had not worsened to the extent that he was precluded from performing the duties of his rehabilitated occupation.

The Board has granted the reduction in rating from 30 percent to 20 percent for residuals of a back strain with arthritis of the lumbosacral spine, finding that discontinuing the separate evaluation for arthritis was warranted due to legal error. The veteran is currently rated at 20 percent for this condition.

The Board has determined that the veteran's current low back disability, left leg varicose veins, bilateral pes planus, and left testicular varicocele were incurred during his military service. The decision is based on new evidence provided by the veteran.

The Board has denied the veteran's claims to reopen his service connection claims for biceps tenosynovitis, degenerative disc disease of the cervical spine, herpes stomatitis, and a low back condition due to lack of new and material evidence.

The Board denied the veteran's claims for service connection for a low back strain and an increased rating for his right knee disability. The low back strain was not found to be incurred or aggravated by active service, nor proximately due to, the result of, or aggravated by service-connected residuals of a right knee medial meniscectomy, status post total arthroplasty. The veteran's right knee disability was evaluated as 10 percent disabling from August 4, 1990 to June 6, 1991 and 30 percent disabling thereafter.

The veteran's degenerative arthritis of the spine is not related to his service-connected residuals of gunshot wound, and his claim for an increased rating for back disability was denied.

The veteran's notice of disagreement was not timely filed within one year from the date of the December 1997 and January 1998 rating decisions, thus his appeal is dismissed.

The Board found that the veteran's low back and right foot disabilities were not incurred in or aggravated by his service-connected left knee disability, and thus denied service connection for these conditions.

The veteran's disabilities do not meet the criteria for special monthly pension based on need for regular aid and attendance or being housebound.

The Board denied the veteran's attempt to reopen his claim for service connection for the residuals of a low back injury, finding that no new and material evidence had been submitted.

The Board denied the veteran's claims for service connection for broken right toe, degenerative disc disease at L5-S1 with minimal vacuum phenomenon and posterior bulge disc, and residuals of a right shoulder injury as there was no competent medical evidence linking these conditions to his military service.

The Board denied service connection for the claimed disabilities, including right knee disability, left knee disability, back disability, right ankle disability, memory loss, and disabling residuals due to use of medication.

The Board has granted a 20 percent rating for the veteran's service-connected lumbosacral strain, effective from November 1997.

The Board has determined that the veteran does not have a low back disability, other than lumbosacral strain, related to service or any service-connected condition. Therefore, his claim for service connection is denied.

The Board found no evidence of a spine disorder during service and concluded that the veteran's current osteoarthritis of the thoracolumbar spine is not related to his military service.

The Board has denied the veteran's claims for service connection for headache and back disorders, finding that no new and material evidence was submitted to reopen these final decisions.

The Board denied an increased disability rating for lumbar spine pain, finding that the evidence did not meet the criteria for a compensable rating from January 6, 1997 onwards.