Back / lumbar spine decisions — 2002

The VA has determined that the veteran's residuals of an injury to the lumbosacral spine are primarily manifested by moderate limitation of motion and pain on range of motion, warranting a 20 percent evaluation. The criteria for an evaluation in excess of 20 percent have not been met.

The Board has granted an increased rating to 60 percent for the veteran's service-connected residuals of a lumbosacral spine injury with traumatic arthritic changes, which is the maximum schedular rating available under Diagnostic Code 5293.

The veteran's service-connected low back disability is rated at 60 percent, the highest possible rating under Diagnostic Code 5293 for intervertebral disc disease. The Board finds that he meets the criteria for a total rating based on individual unemployability due to his service-connected disabilities.

The Board denied an effective date prior to April 18, 1991 for the grant of a TDIU.,The Board also denied an effective date prior to October 18, 1993 for service connection for PTSD.

The Board denied service connection for a psychiatric disability and a low back disorder, finding that the veteran's conditions were not incurred in or aggravated by active service.

The Board has granted a 60 percent rating for the veteran's service-connected lumbosacral spine disorder and determined that he is unemployable due to his service-connected disabilities, meeting the criteria for a total disability rating based on individual unemployability.

The Board has denied the veteran's requests to reopen his claims for service connection for a left leg disability and a back disability, finding that the new evidence submitted does not meet the criteria for being both new and material.

The Board has granted a 20 percent rating for the service-connected degenerative disc disease of the lumbar spine and assigned a noncompensable rating for the service-connected gouty arthritis, both effective May 1, 1997.

The Board has dismissed the appeal regarding the initial evaluation in excess of 20 percent for low back disability due to lack of a timely substantive appeal. The veteran's claims for service connection for headaches, depression, arthritis of the hips, and loss of bladder control are denied as there is no medical evidence linking these conditions to his military service. Claims for new and material evidence regarding left knee disorder, cardiovascular disability (manifested by hypertension with chest pain and syncope), and PTSD were also denied due to lack of new or significant evidence.

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

The Board has dismissed the appeal as to the issue of restoring a 20% disability rating for lumbosacral strain due to lack of timely filing of a substantive appeal. The veteran's representative submitted a statement in July 2001 that was construed as a notice of disagreement with the reduction, but it did not meet the legal requirements for perfecting an appeal.

The Board found that the veteran's current back disorder did not originate in service and denied his claim for service connection.

The Board has granted a 40 percent evaluation for the veteran's degenerative joint disease of the lumbar and thoracic spine, effective from when the claim was filed.

The Board has granted a 20 percent rating for the veteran's overuse injury of the lumbosacral spine and maintained the 10 percent rating for his right knee injury.

The Board has determined that the veteran's claimed conditions, including a skin disorder, peripheral neuropathy involving all extremities, osteoarthritis involving all joints, residuals of multiple back surgeries for degenerative disc disease, residuals of right shoulder surgery, residuals of left ankle surgery, stroke, lipoma of the left side, and depression, are not service-connected due to lack of evidence showing a direct connection to his military service or exposure to Agent Orange.

The Board determined that the veteran's right ear hearing loss and lumbar spine disorder were not incurred in or aggravated by active service. The veteran's bilateral flat feet disability was found to be no more than mild, with symptoms requiring an arch support.

The Board has determined that the veteran's low back injury and inguinal hernias are not service-connected, and denied his claims for higher ratings.

The Board found that the veteran's back and hip/leg conditions did not develop during service or within one year of separation, and are not related to his military service.

The Board denied the appellant's claim for an earlier effective date for nonservice-connected disability pension benefits, finding that there was no evidence of a prior informal claim or incapacitation preventing him from filing his initial claim.

The Board has granted a 40 percent rating for the veteran's service-connected low back disability, effective November 18, 2000. The claim for service connection for a cervical spine disorder was denied.