Back / lumbar spine decisions — 2004

The veteran's claim for an earlier effective date for service connection of arthritis, lumbar spine, and spinal stenosis and fusion has been reopened due to new evidence. The Board found that the December 1986 rating decision denying service connection was clearly erroneous and granted a retroactive effective date of March 25, 1982.

The Board denied the veteran's attempts to reopen his claims for service connection for a back disorder and dermatophytosis. The evidence submitted since the January 1991 decision was found not new and material.

The Board has remanded this case for further development, including obtaining VA outpatient treatment records and scheduling a hearing before a Decision Review Officer.

The veteran's claim for an increased rating for his service-connected lumbosacral strain was granted, with a 40 percent rating effective February 28, 2002. The RO also granted service connection for PTSD and assigned a 50 percent rating.

The Board has denied service connection for atherosclerosis, spondylosis of the lumbar spine, and arthritis of the right hip as these conditions are not shown to be related to service. The claims for residuals of malaria, dysentery, malnutrition, beriberi, psychiatric disorder, numbness of the hands and legs, asthmatic coughs and colds, poor vision, hearing loss, hernia, and diarrhea have also been denied as there is no evidence of current disabilities.

The Board has determined that the veteran's left knee disability warrants a 20% rating, reflecting complaints of pain and occasional swelling, as well as instability.

The veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is being remanded for additional development, including obtaining medical records and providing the veteran with an examination to assess his employability.

The veteran's PTSD is rated at 50 percent disabling from May 23, 2001. The VA has granted this rating.

The Board has determined that the veteran's service-connected low back disability warrants a 50 percent evaluation as of October 23, 1996. Prior to this date, an increased evaluation is not warranted.

The Board denied the veteran's claims for service connection and increased ratings for his scars, finding that there was no evidence of a current disability related to service. The Board also found that the veteran did not meet the criteria for separate evaluations for his scars.

The Board found that the veteran's pre-existing back disability was not aggravated by service, and thus denied his claim for service connection.

The Board found no current diagnosis of residual disability identified as a residual of frozen feet or frostbite of the feet, and denied service connection for back disorder.

The veteran's service-connected right and left great toe disabilities are currently rated at 10 percent each, with separate ratings for peripheral neuropathy of the lower extremities. The appeal is denied as there is no evidence to warrant a higher rating.

The Board has granted service connection for lumbar myositis and small right knee effusion with a tear of the posterior horn of the lateral meniscus, both determined to be related to injuries sustained during active duty.

The veteran's claim for an increased rating for his thoracolumbar mechanical back pain is being remanded due to the need for further examination and consideration of revised VA regulations.

The veteran's claims for increased ratings for a lumbar spine disability with degenerative disc disease and a right ankle disability are being remanded due to the need for additional development, including VA examinations.

The veteran's service connection claims for degenerative disc disease, residuals of a chest contusion, and post-traumatic arthritis were denied. The claim for an evaluation in excess of 30 percent for left distal radius and ulna fracture was granted. The claim for a compensable evaluation for right thumb arthritis was denied. The claim for initial evaluations in excess of 10 percent for degenerative joint disease of the left knee and post-traumatic arthritis of the right knee were both denied.

The veteran's claim for an increased rating for his service-connected intervertebral disc syndrome of the lumbar spine, with spinal fusion is being remanded due to incomplete records and regulatory revisions.

The Board has reopened the veteran's claim for PTSD and found that new evidence supports a diagnosis of PTSD. The lower back disorder issue is being remanded due to insufficient medical examination records.

The Board has reopened the veteran's claim and determined that new evidence supports a finding of service connection for his low back disorder, which is now granted.