Back / lumbar spine decisions — 2002

The veteran's service-connected low back disability and right knee arthritis are currently rated as 40 percent for the L5-S1 fusion, but his right knee is only rated as non-compensable. The Board finds that a higher rating is not warranted.

The Board denied an extension of a temporary total rating beyond May 31, 1998 for the veteran's service-connected lumbosacral spine disability due to insufficient evidence showing that post-surgical convalescence was required.

The Board has determined that the veteran's claims for increased disability evaluations for residuals of a head injury with headaches, cervical spine, and lumbar spine disabilities are not supported by the evidence of record.

The Board denied the veteran's claims for service connection for a low back disorder and psychiatric disability, including PTSD, anxiety, and depression. The evidence did not establish that these conditions were incurred in or aggravated by active service.

The veteran's service-connected low back disorder and left knee injury are rated at 10 percent each, with a separate rating for symptomatic removal of semilunar cartilage. The RO has granted these ratings.

The Board has determined that the veteran's claims for service connection for a low back disorder and bilateral knee disability have been denied. The evidence submitted since the last denial does not provide new and material evidence to reopen the claim for a low back disorder, and the knee disability is not related to active service.

The Board found that the veteran does not currently have bronchitis, pharyngitis, hypertension, or a low back disability. Therefore, service connection for these conditions was denied.

The Board denied the veteran's application to reopen his claim for service connection for a low back disability, finding that the evidence received since the June 1999 rating decision was not new and material.

The veteran's appeal is being remanded to the RO for scheduling a hearing before the Board at the RO.

The veteran's nonservice-connected disabilities, including arthritis of the left shoulder and lumbar spine, limit his ability to secure or follow a substantially gainful occupation. The Board finds that he is entitled to a permanent and total disability rating for pension purposes.

The Board found that the evidence submitted since the July 1995 final decision is not new and material, and thus denied the veteran's request to reopen his claim of entitlement to service connection for a lumbar spine disorder.

The Board has reopened the veteran's claim of service connection for a back disorder due to new and material evidence, including statements from his military buddies. The Board also found that the veteran's lumbar disc disease is related to an injury during service and granted service connection.

The Board found that the veteran's current low back and right leg/hip problems did not begin in or are otherwise related to his active service, and were not caused by any service-connected condition.

The Board denied service connection for the veteran's claimed conditions, finding that they were not attributable to undiagnosed illnesses or any other basis.

The veteran's lumbar herniated nucleus pulposus, formerly rated as lumbar paravertebral myositis, is currently evaluated at a 20 percent disability rating and the Board finds that this rating is appropriate based on his symptoms of recurring attacks with intermittent relief.

The Board denied the veteran's claims for service connection for pharyngitis, labyrinthitis (also claimed as vertigo, tinnitus and an ear disorder), dorsolumbar paravertebral myositis, and dysthymic disorder. The decision is final due to lack of new and material evidence.

The Board found no probative medical evidence linking the veteran's current back disorder to service. The RO denied entitlement to service connection for a low back injury, and granted entitlement to service connection for bilateral hearing loss with assignment of a noncompensable evaluation effective February 23, 1999.

The Board denied the veteran's claims for service connection for pityriasis versicolor and arthralgia of the lumbosacral spine, finding no evidence of these conditions in service or within a presumptive period.

The Board has determined that the veteran's low back disability, diagnosed as degenerative disc disease of the lumbar spine, is related to an injury or injuries suffered during his active military service and grants service connection for this condition.

The Board denied the veteran's claim for an effective date earlier than August 25, 2000 for the award of a total rating based on individual unemployability due to service-connected disabilities. The criteria for assignment of such an effective date were not met.