Back / lumbar spine decisions — 2002

The Board of Veterans' Appeals has determined that the veteran's low back strain began during service and granted service connection for this condition.

The Board has determined that there is no etiological relationship between the veteran's right hip, lumbar spine and bilateral hip disabilities with his service-connected left knee and left ankle disabilities.

The Board has granted a 60 percent rating for the veteran's low back disorder, which encompasses lumbosacral strain and degenerative disc disease. The maximum rating under Diagnostic Code 5293 is assigned due to persistent symptoms of intervertebral disc syndrome with sciatic neuropathy.

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

The Board denied service connection for a cervical spine disorder and granted increased ratings of 20 percent for both the veteran's degenerative joint disease of the lumbosacral spine with sciatic neuropathy, and his residuals of a right medial malleolus fracture with internal fixation.

The VA denied the veteran's claim for an evaluation in excess of 40 percent for her service-connected lumbosacral strain with herniated lumbar disc at L4-5, finding that her symptomatology was consistent with a 20 percent evaluation under Diagnostic Code 5293.

The veteran does not have any current diagnosed disabilities of the wrists, knees, or lumbar spine. The Board finds that service connection for these conditions cannot be granted as there is no evidence of a current disability.

The veteran withdrew his appeals for the issues of service connection for emphysema, left shoulder disability, low back disability, and bilateral wrist condition (claimed as wrist pain).

The Board denied the veteran's claim for service connection for a chronic acquired low back disorder, finding no evidence of such a condition in service or post-service. The decision also noted that there was no current disability and therefore it followed that the veteran did not have a compensable degree of a listed disability within one year after service.

The Board denied the veteran's claims for reopening his service connection claims for hypertension with coronary artery disease, psoriasis, and lumbosacral strain due to lack of new and material evidence.

The Board has reopened the claim of service connection for low back disability and granted it. The veteran's current low back disability, including lumbar disc disease and arthritis of the lumbar spine, is considered to be incurred in service. Service connection was also granted for degenerative joint disease of both knees.

The Board of Veterans' Appeals has determined that the appellant does not meet the criteria for special monthly allowance based on the need for regular aid and attendance or housebound status, thus denying her claim.

The VA determined that there is no evidence linking the veteran's current knee, back, and gallbladder issues to her service. The Board found that her claims were not well grounded.

The veteran's service-connected herniated nucleus pulposus of the lumbosacral spine with chronic low back pain is shown to likely produce a disability picture that more nearly approximates severe low back functional limitation due to pain, warranting a 40 percent rating.

The veteran's lumbosacral strain with degenerative changes is currently rated at 20 percent, which reflects the severity of his symptoms and functional limitations.,The veteran's residuals of a shell fragment wound of the left hand are currently rated at 10 percent, reflecting the presence of pain without other significant complications such as ulceration or malnutrition of the scar.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of service connection for a back condition, which was previously denied in February 1995. The reopened claim will now be reviewed on its merits.

The Board found that the veteran does not have a current low back disability and denied his claim of secondary service connection.

The Board found that the veteran's low back disability preexisted service and did not become chronic during service, thus denying his claim for service connection.

The Board found that new and material evidence had been submitted to reopen the claim of service connection for the cause of the veteran's death, but concluded that the cause of his death was not related to service or a service-connected disability.

The veteran's service-connected low back pain with myalgia paresthetica is currently rated at 20 percent and the Board finds no evidence to support a higher rating.