Back / lumbar spine decisions — 2002

The veteran's claims for increased ratings for cervical spine and low back disabilities have been denied as the evidence does not support a rating in excess of the current evaluations.

The veteran's currently demonstrated disability, manifested by status post laminectomy at L4-S1, is likely the result of VA's failure to properly diagnose his back disorder. The Board finds that this claim meets the requirements for compensation under 38 U.S.C.A. § 1151.

The Board has determined that the veteran's low back condition does not warrant a rating in excess of 40 percent, as his symptoms are adequately reflected by the current 40 percent evaluation.

The Board has granted service connection for degenerative arthritis of the lumbar spine and bilateral knee disability as secondary to service-connected ankle disabilities. The veteran's sinusitis is rated at 30 percent, effective from August 1999.

The Board denied the veteran's claims for increased rating, service connection for a low back disability and bilateral hip disabilities, as well as his claim for TDIU.

The veteran's lumbosacral strain with spondylolysis, L5-S1 spondylolisthesis, posterior spinal fusion disability is rated at 40 percent. The Board has determined that the disability more nearly approximates a rating of 60 percent due to pronounced symptoms.

The veteran's claim for increased ratings for his service-connected lumbosacral strain and post-traumatic stress disorder with anxiety and depression was denied. His total rating based on unemployability due to service-connected disability is dismissed as moot.

The veteran's service-connected disabilities do not meet the criteria for an automobile or other conveyance and adaptive equipment, as his conditions do not result in loss of use of one or both feet.

The Board found that the veteran's current cardiovascular, low back, and left leg disabilities did not result from the October 10, 1991 TURP performed by VA. The additional disability was determined to be unrelated to the treatment provided.

The Board has granted a higher initial disability rating of 20 percent for the veteran's service-connected lumbosacral strain with a left L5-S1 herniated disc, and denied an increased evaluation for residuals of a left ankle injury.

The veteran's death was not due to or the result of disease incurred in or aggravated by service, and his service-connected disabilities did not contribute substantially or materially to cause his death. The appellant's claim for compensation under 38 U.S.C.A. § 1151 for the cause of death has also been denied.

The veteran is seeking compensation benefits under the provisions of 38 U.S.C. � 1151 for various disabilities and adverse symptomology as a result of treatment received at the Martinsburg VA Medical Center from February 1998 to August 2001. The claims are denied due to lack of specific evidence regarding increased severity, causation by VA fault, or unforeseeable events.

The Board has reopened the veteran's claim and found new evidence sufficient to reopen his service connection for a back disability. However, the Board denied service connection as there is no evidence linking the current condition to military service.

The Board has reopened the claim for service connection for spondylolysis and determined that new evidence supports this reopening. The veteran's current low back disorder is not considered to be related to his period of active service, including any pre-existing condition.

The Board determined that new and material evidence had not been submitted to reopen the claim of entitlement to service connection for a chronic acquired back disorder, resulting in denial.

The Board has granted a 20 percent evaluation for lumbosacral strain with disc disease, effective from November 1998. The veteran's hiatal hernia is rated as zero percent since November 1998.

The Board has reopened the veteran's claim of service connection for a low back disorder due to new and material evidence submitted since the April 1996 denial. The claim is now pending on its merits.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of entitlement to service connection for a low back disability, which was previously denied in June 1992. The new evidence includes X-ray findings of degenerative changes in the lumbar spine.

The Board denied service connection for a low back disorder and granted service connection for residuals of a fracture of the right iliac wing, but did not assign a disability rating.

The Board has determined that the veteran's appeal for service connection for a chronic back disability, cramps in hands, and cramps in legs is denied. The claim to reopen his previously denied claim of residuals of a left ankle injury was also denied due to lack of new and material evidence.