Back / lumbar spine decisions — 2002

The Board denied the veteran's claims for an increased rating for his low back disability and for an earlier effective date, finding that no increase in disability had occurred within a year preceding the March 27, 2000 claim.

The Board has determined that the appellant meets the criteria for a total disability rating based on individual unemployability due to his service-connected lumbar spine disability with psychological components.

The Board denied the veteran's claims for service connection for a low back disability and found that the November 1966 rating decision denying bilateral cataracts did not contain clear and unmistakable error.

The Board has determined that the veteran's lumbosacral spine pain and x-ray evidence of moderate degenerative changes do not warrant a rating higher than the currently assigned 10 percent, as there is no objective evidence to support muscle spasms necessary for a higher evaluation under Diagnostic Code 5295.

The veteran's service-connected low back, left foot, and right foot disabilities have been rated as 20%, 10%, and 10% respectively. The RO has denied increased ratings for all of these conditions.

The veteran's appeal has been dismissed due to his death. The Board does not have jurisdiction to adjudicate the merits of this claim.

The Board has granted service connection for a right knee disability and low back disability both claimed as secondary to the veteran's service-connected bilateral pes planus. The veteran is also assigned a 30% evaluation for his service-connected bilateral pes planus.

The Board has determined that there is no evidence to support the veteran's claims for service connection for lumbar spine arthritis with disc disease and residuals of left knee synovitis, as his current conditions are not linked to his period of active duty.

The veteran's spondylolisthesis of L4-L5 with musculoskeletal low back pain is currently evaluated at 20 percent and the evidence does not support a higher rating.

The veteran's claims for increased ratings for various knee and back conditions were denied as the evidence did not support a higher rating under the applicable VA rating criteria.

The Board has determined that the veteran's service-connected myofacial pain syndrome, lumbosacral spine, with L5 radiculopathy does not warrant an evaluation in excess of 40 percent. Additionally, the evidence does not support a finding that he is unemployable due to his service-connected disability.

The Board dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision being made.

The veteran's claim for a permanent and total disability rating for pension purposes was granted effective June 8, 2000.

The Board denied reopening of the claims for service connection for a back disorder and skin disorders as due to an undiagnosed illness, and also denied service connection for gastro-intestinal problems, flu-like symptoms (including ear, nose, and throat problems), hair loss, change of hair color, memory loss, fatigue, and insomnia. The veteran's claims were not supported by new and material evidence.

The Board has determined that the veteran's lumbosacral strain and postoperative residuals of lumbar fusion for spondylosis and spondylolisthesis do not warrant a rating in excess of 40 percent.

The Board denied the veteran's claims for increased ratings for his service-connected lumbar-thoracic strain, finding that the evidence did not support a higher rating based on current disability levels.

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

The veteran's claim for increased ratings for his service-connected low back disability was denied. The RO continued the previously assigned 10 percent rating from February 3, 1994, to February 25, 1999, and increased it to 40 percent effective February 26, 1999.

The Board granted a 20 percent disability evaluation for lumbosacral strain with evidence of herniated disc at L4-L5 and L4-S1, effective from May 13, 1997.

The Board has determined that the veteran's claims for service connection for post-traumatic stress disorder, low back disorder, and head injury with headaches have been denied due to lack of verifiable in-service stressors and failure to respond to requests for additional information.