Back / lumbar spine decisions — 2004

The Board has granted a 40% evaluation for the veteran's lumbosacral spine degenerative disc disease prior to March 5, 2001. The reduction of his post-operative lumbosacral spine degenerative disc disease from 60% to 40% effective January 1, 2004 was improper. A compensable evaluation for the veteran's chronic right (major) shoulder injury residuals is denied.

The veteran's low back disability, characterized by pronounced intervertebral disc syndrome and severe limitation of the lumbar spine with demonstrable deformity of a vertebral body resulting from a fractured vertebra, is rated at 60 percent. His cervical spine disability, characterized by severe limitation of motion, is rated at 30 percent.

The Board has determined that the veteran's cervical and lumbosacral degenerative diseases are proximately due to, the result of, or aggravated by his service-connected left knee disabilities.

The Board has granted service connection for aggravation of degenerative disc disease of the lumbar spine, and as a result, the TDIU claim is also being granted. The veteran's increased evaluation for post-operative residuals of a gunshot wound of the left chest remains pending.

The VA determined that the appellant's service-connected post-traumatic low back pain does not warrant a schedular evaluation in excess of 20 percent.

The veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on need for regular aid and attendance or due to being housebound.

The veteran's claim for an increased rating for his service-connected low back disability was granted, with a 60% evaluation effective April 3, 2002. The total rating based on individual unemployability due to service-connected disability was also granted as of the same date.

The Board denied the veteran's claims for compensation under 38 U.S.C.A. § 1151 due to a lack of competent medical evidence linking his chronic urinary tract infections and low back disorder to treatment he received at VA facilities from February 1973 to July 1973.

The Board denied the veteran's claims for service connection for PTSD and a back disorder, finding that there was no evidence of an in-service stressor related to combat or personal assault. The claim for PTSD is denied as the veteran did not meet the diagnostic criteria for PTSD. The claim for a back disorder is also denied due to lack of competent medical evidence.

The veteran's death was not service-connected, but he would have been entitled to DIC under the provisions of 38 U.S.C.A. § 1318 due to his continuous total disability for a period of ten or more years prior to his death.

The Board denied the veteran's claims for service connection for low back disorder, hemorrhoids, fungus disorder, and respiratory disorder. The appeals were dismissed as new and material evidence was not submitted to reopen any of these claims.

The Board granted a rating of 20 percent for osteoporosis of the lumbar spine with degenerative changes at disc spaces L5-S1, effective from September 1982. The left shoulder disability was rated as 20 percent disabling due to mild impairment and painful range of motion.

The Board denied the veteran's claim for an increased rating for lumbosacral strain with traumatic arthritis, finding that his condition did not warrant a disability rating in excess of 20 percent.

The Board has reopened the veteran's claim for service connection for a low back disorder, but denied it on the merits. The evidence shows that the veteran had multiple back injuries in and out of service, with no clear link to his current condition.

The Board denied service connection for headaches, but granted service connection for hepatitis B. The low back and left knee disabilities are remanded due to lack of evidence.

The veteran is seeking an increased rating for her service-connected lumbosacral strain. The Board has determined that the case must be remanded to consider the revised regulatory criteria and provide additional development.

The Board granted service connection for cervical spine stenosis with degenerative disc disease and set the effective date to April 28, 1986. The veteran's claim was reopened on new evidence.

The veteran's claim for an increased rating for his service-connected lumbar spine disability has been denied. The RO increased the evaluation to 60 percent effective July 1, 2000.

The veteran's claim for service connection for a low back disability is being remanded due to the need for additional development, including obtaining medical records and scheduling an examination.

The Board has granted an increased rating of 10 percent for left knee instability and arthritis, effective from July 1, 1997. The veteran's lumbar strain is currently rated at 20 percent.