Back / lumbar spine decisions — 2002

The Board denied service connection for a right foot injury and the claim to reopen service connection for degenerative arthritis of the lumbar spine. The decision is mixed as it granted reopening but denied service connection.

The Board has determined that the veteran's low back disability, currently rated at 60 percent, does not warrant a higher rating under any applicable diagnostic codes. The claim for TDIU is also denied.

The Board found that the veteran's low back disability existed prior to service and was not aggravated by service, thus denying his claim for service connection.

The Board granted a 40 percent rating for service-connected lumbosacral strain and denied service connection for degenerative disc disease of the lumbar spine.

The Board denied the appellant's claims for service connection for low back pain with degenerative arthritis of the lumbar spine and increased ratings for bilateral hearing loss disability and residuals of an injury to the right biceps muscle (major). The appeal was not about service connection at all.

The RO granted a temporary 100 percent convalescent rating for the service-connected left knee disability, effective on September 10, 1996 through October 1996. The veteran continues his appeal for higher ratings for both the left knee and low back disabilities.

The Board denied the veteran's claims for an increased rating for schizophrenia and a TDIU rating, finding that his service-connected disabilities did not meet the criteria for a higher rating or a TDIU.

The Board has determined that the evidence submitted since the May 1998 rating decision is either cumulative or redundant and does not establish a new basis for service connection. The claim remains denied.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claims for service connection for hernia, back condition, and left leg condition.

The veteran's cervical spine disability is rated at 10 percent, tension headaches are rated at 10 percent, tinnitus is rated at the maximum schedular evaluation available, and bilateral hearing loss does not meet criteria for a compensable rating. Service connection was established for obstructive sleep apnea, right carpal tunnel syndrome, and multiple sclerosis (MS). The veteran's service-connected disabilities preclude him from securing and following any form of substantially gainful employment.

The Board found no evidence linking the veteran's current back disorder to service, and denied his claim for service connection.

The Board has ordered a remand due to the need for additional development and consideration of new evidence, including a medical opinion based on the historical records.

The VA has granted a 50% evaluation for the veteran's PTSD, reflecting its severity. The rating for Mechanical Low Back Pain with Degenerative Disc Disease remains at 20%.

The Board has granted service connection for the veteran's claimed low back pain and cervical spine disorder, finding that these conditions are likely due to injuries sustained during military service.

The Board found that new and material evidence had not been submitted to reopen the claims of service connection for a low back disorder and a left ankle disorder. The veteran's attempts to reopen his claims were unsuccessful.

The VA denied an increased evaluation for the veteran's service-connected degenerative disc disease, currently rated at 20 percent.

The Board has determined that the initial 40 percent rating for service-connected thoracolumbar spine scoliosis is appropriate, considering the veteran's symptoms and medical findings.

The Board has granted a higher evaluation for the veteran's service-connected herniated lumbar disc, status-post laminectomy. The case was also remanded to determine if the veteran is unemployable due to his disability.

The Board has granted a reduction in the veteran's disability evaluation for degenerative disc disease of the cervical spine from 40 percent to 30 percent, effective April 2000. The veteran's claim for increased ratings for his cervical and lumbar spine disabilities was denied, as were his TDIU claims.

The Board has determined that the veteran's current low back disability is not related to his active military service, and thus denied the claim for service connection.