Back / lumbar spine decisions — 2003

The veteran's additional disability (back disorder, right hip and buttock pain, and right leg length discrepancy) following his January 1998 right hip replacement revision is not considered to be due to carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA.

The veteran's claim for service connection for his back injuries is being remanded due to the need for a Travel Board hearing.

The Board has granted a 100% disability evaluation for the veteran's service-connected degenerative disc disease of the lumbar spine, effective from April 5, 1999. This is the maximum schedular evaluation assignable under Diagnostic Code 5286 due to complete bony fixation (ankylosis) of the spine.

The Board has determined that the veteran's degenerative joint disease of the thoracic and lumbar spines was not incurred in or aggravated by active military service, and arthritis may not be presumed to have been incurred in service. The residuals of head injury with headaches are currently rated as 10 percent disabling, but no higher rating is warranted. The scar on the veteran's head, residual of head injury, does not meet the criteria for a compensable rating.

The Board denied the veteran's claims for service connection for a low back disability and to reopen his claim for right foot and ankle disability, finding that no new and material evidence had been submitted.

The Board denied the veteran's claims for an increased rating for his service-connected chronic lumbosacral strain and service connection for lumbar spine degenerative disc disease, finding that there was no evidence to support a higher rating or service connection based on the current symptoms.

The Board found that the veteran's chronic low back pain with narrowing at L4-L5 manifested disability more nearly approximating moderate limitation of motion and recurring attacks analogous to not more than moderate intervertebral disc syndrome for the period from April 8, 1999. For the period from November 26, 1999, the veteran's disability manifested severe limitation of motion and recurring attacks with intermittent relief analogous to not more than severe intervertebral disc syndrome. The RO granted a 20 percent rating for the veteran's service-connected chronic low back pain with narrowing at L4-L5 effective from September 13, 1999.

The Board denied the veteran's claims for service connection for spinal stenosis as secondary to a service-connected disability (right knee replacement) and an increased rating for right knee replacement.

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

The Board found no evidence of a service injury and concluded that the appellant's current back, hearing loss, and tinnitus conditions are not related to his military service.

The Board has granted service connection for degenerative changes of the lumbar spine, finding that these conditions are proximately due to or the result of the veteran's service-connected lumbar strain. The case is remanded for further development regarding increased rating and total disability based on unemployability.

The Board has determined that the veteran's current low back disability is related to his service, and thus grants service connection for this condition.

The veteran's lumbar spine disability has been rated at 40 percent since January 1997. The Board found that the disability does not meet or approximate criteria for a higher evaluation.

The Board denied the veteran's claims for service connection for a low back disability and sinusitis, finding no evidence of current diagnoses or in-service incurrence.

The Board denied an increased initial rating for the veteran's degenerative joint disease of the lumbosacral spine, currently rated at 20 percent.

The Board has determined that the veteran's low back disability is service-connected due to aggravation by his service-connected right knee disabilities. The claim for an increased rating for post-traumatic osteoarthritis of the right knee and instability remains denied.

The Board has remanded the case for additional development due to incomplete records and failure to comply with previous directives.

The Board found that the veteran did not timely file a Substantive Appeal for his claims, and thus denied jurisdiction to review these issues.

The Board has remanded the cases for further development, including scheduling a Travel Board hearing at the RO. The veteran's claims for increased evaluation of right ear hearing loss and reopening of left knee and low back disability claims are pending.

The Board has granted service connection for spina bifida occulta at S1, but denied service connection for degenerative changes in the lumbar spine, herniated disc at L5-S1, and minimal facet arthropathy as they are not shown to be related to ACUTRA.