Back / lumbar spine decisions — 2002

The Board has determined that new and material evidence has been submitted to reopen the claims of service connection for rheumatoid arthritis with numbness of the extremities and a lumbar disorder. The veteran's current medical conditions are being considered in light of his military service.

The Board denied the veteran's application to reopen his claim of service connection for a back disability due to lack of new and material evidence.

The Board has determined that the veteran's low back disability, characterized by severe limitation of motion and root irritation syndrome with sensitivity impairment at S1 on the right side, warrants a 40 percent rating under Diagnostic Codes 5292 and 5295.

The veteran's service-connected lumbosacral strain disability was rated at 20 percent from January 4, 1993 to June 13, 1993 and increased to 40 percent from June 14, 1993. Since June 21, 2001, the disability has been rated as 60 percent.

The Board denied the veteran's claim of service connection for a low back disorder, finding no evidence to support his assertions and noting that he failed to respond to requests for additional information.

The Board found that the veteran's service-connected lumbar strain with herniated nucleus pulposus at L4-5 and L5-S1 does not warrant a higher rating as it did not meet the criteria for severe or pronounced intervertebral disc syndrome, nor did it meet the criteria for ankylosis of the spine.

The Board denied service connection for lumbosacral strain and arthritis of the lumbar spine, as well as service connection for piriformis syndrome of the left hip.

The veteran's PTSD is rated at 70 percent disabling, and his low back disorder is service-connected as secondary to a right foot drop disability. The effective date for these ratings has not been specified.

The Board denied the veteran's claims for increased ratings and temporary total evaluations, finding that his lumbar spine disability did not meet or approximate the criteria for a higher rating under Diagnostic Code 5293.

The Board denied the veteran's claims for service connection for thoracic and lumbar spine scoliosis and post-traumatic stress disorder, finding that there was no evidence of a pre-existing condition or in-service injury that led to these conditions.

The Board has remanded the case for scheduling a 'Travel Board' hearing. The appeal is currently in process and no effective date or rating assigned has been determined yet.

The Board has determined that the veteran's low back, right leg (to include right knee), cervical spine, and psychiatric disabilities are not service-connected as secondary to his service-connected left knee disability.

The veteran's hypertension with mitral valve prolapse, palpitations, and dyspnea is rated at 30 percent. The athlete's foot, bilateral, with fungus between the toes and onychomycosis is rated at 10 percent. The chondromalacia of the left patella, with history of arthritis, does not warrant a compensable rating. The veteran's degenerative joint disease of the lumbar spine is rated at 10 percent.

The Board denied the veteran's claims for increased evaluations of his low back pain and service connection for a cervical spine disorder, finding that there was no evidence to support these claims.

The Board found no evidence of a low back disorder during service and insufficient medical evidence linking the current condition to service. The claim for service connection was denied.

The Board has found new and material evidence to reopen the veteran's claim for service connection of a low back disability. The Board concludes that, given the equipoise in the evidence, the current low back disability is proximately due to or the result of his service-connected left foot disability.

The veteran's lumbar spine disability is rated at 40 percent, the maximum schedular rating available for severe limitation of motion.

The Board found that the veteran does not have any of the claimed conditions and denied all service connection claims as they were not well grounded.

The Board denied the veteran's claim for an original disability evaluation in excess of 20 percent for a low back disability, finding that the currently assigned 20 percent rating is the most appropriate based on the level of disability demonstrated.

The Board denied secondary service connection for back and right knee disabilities, as well as an increased rating for the right ankle disability. The veteran's service-connected residuals of shell fragment wounds to the right thigh are currently rated at 10 percent.