Back / lumbar spine decisions — 2003

The Board finds that the veteran's current back disability is related to a motor vehicle accident in service, and grants service connection for low back strain.

The Board has ordered additional development due to the failure to comply with a previous remand directive.

The Board has determined that the veteran's service-connected low back strain warrants a 20 percent evaluation, and his service-connected left hand injury warrants a 10 percent evaluation. These ratings are based on the current manifestations of pain, muscle spasm, tenderness, and limitation of motion.

The veteran's PTSD was granted service connection effective September 2, 1997. The RO assigned a higher rating for the psychiatric disability from that date.,From September 2, 1997 to November 13, 2000, the veteran's PTSD was manifested by reduced reliability and productivity due to symptoms such as flattened affect, panic attacks, disturbances of motivation and mood, and difficulty establishing social relationships. The RO assigned a rating of 50 percent for this period.,From September 23, 1999 to November 13, 2000, the veteran's chronic lumbosacral strain was manifested by limitation of motion and muscle spasm. The RO assigned a rating of 20 percent for this period.,On and after November 14, 2000, the veteran's chronic lumbosacral strain included degenerative joint disease and disc disease, resulting in severe limitation of motion. The RO assigned a rating of 40 percent for this period.

The Board finds that the veteran's back disorder and left ankle condition are not service-connected, as there is no evidence of a chronic disability in service or any link to service. The veteran's current conditions were first demonstrated many years after service.

The Board has denied the veteran's claim for service connection for degenerative disc disease of the back.

The veteran's degenerative disc disease of the lumbar spine and thoracic spine disability are currently rated at 20 percent each. The Board has determined that his employment is substantially impaired due to these disabilities, warranting a TDIU rating.

The veteran's service-connected low back disability is rated at 20 percent, sinusitis with hoarseness is rated at 10 percent, and vocal cord disability warrants a separate 10 percent rating. The appeals for increased ratings are denied.

The veteran's service-connected lumbosacral strain with scoliosis of the dorsal spine and lumbar lordosis is currently rated at 20 percent, which is in excess of the requested evaluation. The claim for a separate disability evaluation for scars from the shrapnel wound was denied.

The Board denied the veteran's claims for service connection for a low back disorder and a rating in excess of zero percent for bilateral hearing loss.

The Board found that the September 1996 rating decision granting service connection for a low back disability was clearly and unmistakably erroneous due to misdiagnosis, and thus severed benefits.

The veteran's claims for service connection and increased ratings for his left knee disorder, cervical spine disorder, and low back pain with degenerative joint disease have all been denied.

The case is being remanded for additional development, including obtaining medical records and conducting VA examinations to determine the nature and etiology of any headaches, psychiatric disability, and low back disability.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for a low back disability. The private physician's opinion linking the current back condition to an injury sustained during service is significant enough to warrant reopening the claim.

The Board has determined that the veteran's current low back disorder is related to a service injury in 1991, and thus grants service connection for this condition.

The Board has granted service connection for degenerative joint disease of the left knee, finding that it was aggravated by active military service. The right knee and congenital lumbar stenosis issues remain unresolved.

The Board has determined that the veteran's chronic lumbosacral strain/sprain syndrome is related to a service-connected injury, and thus grants service connection for this condition.

The Board has granted the veteran's claim to reopen his service connection for degenerative disc disease at L4 to S1, finding that new and material evidence supports this claim. The issue of entitlement to an increased rating for sacroiliac strain is addressed in a separate REMAND.

The veteran's claim for an increased rating for his service-connected lumbosacral spine disability was denied by the RO. The case is being remanded for additional development.

The VA denied an increased disability rating for the veteran's mechanical low back pain, currently rated at 20 percent.