Back / lumbar spine decisions — 2003

The veteran's claims for higher ratings for his service-connected conditions were denied. The RO assigned a 60% rating for the status post lumbar laminectomies and L5-S1, with residuals of pain and left lower extremity weakness, effective from March 1978. A 40% rating was assigned for the frontal meningioma, effective from May 1999.

The veteran's residuals of a fracture of the second lumbar vertebra with degenerative joint disease are currently rated at 50 percent, reflecting severe limitation of motion and vertebral body deformity.

The Board found no evidence of an injury or disease affecting the veteran's back during service and concluded that his current back disorder is not causally related to any incident of his military service.

The Board has determined that the veteran's service-connected conditions significantly contribute to his impairment of employment, and he is entitled to vocational rehabilitation training under Chapter 31.

The Board found no additional disability resulting from VA hospitalization or treatment, and thus denied the veteran's claims for service connection and compensation under 38 U.S.C.A. § 1151.

The Board denied the veteran's claims for service connection for degenerative joint disease of the thoracic and lumbar spine, as well as for degenerative joint disease of the bilateral hips. The evidence did not establish a current disability related to military service.

The Board denied the veteran's claim for service connection for a chronic acquired low back disorder, finding no evidence of a current disability incurred as a result of military service.

The Board found that the veteran's low back disorder was incurred during service and granted his claim for service connection.

The Board denied the veteran's request to reopen his claim for service connection for a back disorder, finding that no new and material evidence had been submitted.

The veteran's claim for service connection for hematuria was granted. However, his claim for an increased rating of 40 percent or more for spondylosis of the lumbosacral spine was denied.

The Board granted service connection for chronic low back strain and assigned a 20 percent evaluation from March 24, 2000. The veteran's condition is rated based on moderate limitation of motion of the lumbar spine.

The veteran's claim for a higher rating for his low back disability was denied as he did not meet the criteria for a rating higher than 40 percent.

The Board found that the veteran's preexisting degenerative disc disease of the lumbar spine was aggravated by an incident in service, and granted service connection for this condition.

The Board denied service connection for low back pain and arthritis of the right knee due to lack of evidence showing these conditions were incurred or aggravated by military service.

The Board has granted a 40 percent rating for the service-connected lumbosacral strain, effective from the date of the decision.

The Board denied the veteran's claim for an evaluation in excess of 40 percent prior to December 30, 1999 based on an extraschedular basis due to the availability of higher schedular ratings and no evidence indicating that her disability affected her employability in ways not contemplated by the Rating Schedule.

The Board found that the veteran's lumbar spine disability does not warrant a higher rating than 20 percent, as there is no evidence of severe limitation of motion or other disabling conditions.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claims of service connection for residuals of a head injury, arthritis, and bilateral ankle disorder. The claims are now considered on their merits.

The Board denied the veteran's claim for service connection for a low back disorder and did not reopen his previously denied claim. The claim for an increased rating for gunshot wound residuals, lateral right arm, Muscle Group V, was also denied as there is no evidence of severe impairment.

The Board has found that new and material evidence has been submitted to reopen the claim of service connection for residuals of a low back injury, which was previously denied in December 1986. The current medical evidence relates the appellant's current low back disorder to his service injury.