Back / lumbar spine decisions — 2002

The veteran's lumbar spine symptoms have not been productive of more than pronounced intervertebral disc syndrome, and there has been no medical evidence showing that the veteran suffers from the residuals of a fractured vertebra or complete bony fixation of the entire spine as a result of service-connected disability. As such, the maximum schedular rating for his lumbar spine disability is 60 percent.

The veteran is granted a 40 percent rating for low back pain and herniated nucleus pulposus of L5-S1 with facet sclerosis of the lumbar spine prior to July 22, 1999.,The veteran's right knee instability is rated as moderate impairment.

The veteran's thoracic spine strain syndrome was incurred during military service.,There is no evidence to support the claim of a lumbar spine disability being incurred during military service. However, resolving doubt in favor of the veteran, mild valgus instability and tenderness over the medial collateral ligament of both knees were found to be related to his military service.

The Board has determined that the veteran's current lumbar spine disability is causally related to his military service, specifically the 1969 injury resulting in a broken femur and cerebral contusion. As such, service connection for this condition is granted.

The Board of Veterans' Appeals has determined that the veteran's low back condition is related to his service and granted service connection for it.

The veteran's tuberculosis of the spine, with residual favorable ankylosis of the dorsal and lumbar spine, is currently rated at 50 percent. The Board finds that this rating adequately reflects the current severity of his disability.

The Board found that the veteran's arthritis of the knees and back disorder are not proximately due to his service-connected diabetes mellitus.

The Board has reopened the veteran's claim for service connection of a back disability and finds that new and material evidence has been submitted. The veteran is presumed to have incurred a current disability in service.

The Board has reopened the veteran's claim of service connection for a low back disability due to new and material evidence, but it remains unclear whether this condition is related to his military service.

The Board has granted the veteran's claims for increased evaluations and service connection, but denied some issues related to earlier effective dates.

The Board denied service connection for an acquired psychiatric disorder, a headache disorder, and a low back disorder. The veteran's claims were not reopened due to lack of new and material evidence, and his current claims for these conditions were also denied.

The veteran's traumatic arthritis of the lumbar spine is currently rated at 20 percent, effective March 26, 1996.

The veteran's service-connected low back disorder rendered him unable to secure or maintain substantially gainful employment prior to September 4, 1997.

The Board has determined that the veteran's current back disorder did not begin during service and is therefore denied service connection.

The appellant has withdrawn their appeal on two issues: whether new and material evidence had been submitted to reopen a claim of service connection for a disability of the right knee, and service connection for a left wrist and lumbar spine disability as proximately due to or the result of the veteran's service-connected disability of the left knee. The Board has dismissed these appeals.

The Board has reopened the veteran's claim for service connection of a low back disability due to new evidence submitted, but finds that the disability is not related to his military service.

The Board has determined that the veteran does not have a current back disability attributable to military service and therefore denied his claim for service connection.

The veteran's claim for a higher rating for his degenerative joint disease of the lumbosacral spine with chronic low back pain has been granted, and he is currently receiving a 20 percent disability rating.

The veteran's chronic lumbosacral strain with degenerative disc disease was granted an increased evaluation of 20 percent from August 2, 1995 to May 29, 2000. From May 30, 2000, the condition is rated at 20 percent.

The veteran's claim for nonservice-connected pension benefits was denied due to his failure to report for scheduled VA medical examinations without good cause.