Back / lumbar spine decisions — 2005

The veteran's degenerative disc disease was evaluated as 40 percent disabling since May 27, 1998 under Diagnostic Code 5293. The right hip disability claim is granted.

The Board has determined that the veteran's lumbar laminectomy residuals warrant a schedular rating of 60 percent, effective from September 23, 2002.

The Board has determined that new and material evidence has been presented to reopen the veteran's claims for service connection for PTSD, a back disability, sinusitis (claimed as due to undiagnosed illness), fibromyositis (claimed as due to undiagnosed illness), thyroid disorder, and skin disorder. The appeals are granted.

The Board has determined that the veteran's degenerative joint disease of the right knee is related to service and grants this claim. The left knee and low back disability claims are remanded for further development.

The Board has reviewed the veteran's claims for service connection for a low back disorder and an acquired psychiatric disorder. Both claims were previously denied, and no new and material evidence was received to reopen either claim.

The Board has remanded the case for further development, including VA examinations to determine the etiology of the veteran's claimed conditions and whether they are related to service.

The Board has determined that the veteran does not have a current acquired lower back disability and therefore, service connection for this condition is denied.

The Board has denied the veteran's claims for service connection for a left foot disability and a back disability, finding that there is no evidence of chronic disabilities during or after service.

The Board found that the appellant's current back disorder is not related to an injury sustained during active duty for training in July 1990, and thus denied service connection.

The Board has determined that additional procedural and evidentiary development is required, including obtaining National Guard service records and VA treatment records for dysthymic disorder and lumbosacral strain. The veteran's claim will be remanded to the AMC for further action.

The veteran's nonservice-connected disabilities do not meet the criteria for a combined rating of at least 60 percent, which is required to establish entitlement to non-service-connected pension benefits.

The Board has determined that the veteran submitted an informal claim for a total disability rating based on individual unemployability due to service-connected disability on February 2, 1983. The appeal is now remanded for further adjudication.

The Board has determined that new and material evidence was submitted to reopen the claims for service connection for bilateral trench foot and pulmonary tuberculosis, but these claims were denied as there is no competent evidence linking current disabilities to service. The claim for PTSD and low back injury residuals remains denied.

The Board found that the veteran's low back strain with degenerative disc disease did not meet or approximate the criteria for a rating in excess of 20 percent, as his symptoms were not severe enough to warrant such an increase.

The Board denied service connection for back disability and a compensable rating for residuals of avulsion fracture of the left heel, finding no evidence of chronicity in service or current disability related to service. Service connection was granted for corns and calluses of the feet.

The Board determined that the veteran's current chronic low back disability is related to post-service injury or injuries, but his service-connected October 1951 low back injury during active duty was acute and resolved without leaving chronic residual disability.

The veteran's chronic lumbar strain was rated at 10 percent from September 12, 2001 to September 25, 2003. The right knee chondromalacia and patellofemoral syndrome were also rated at 10 percent during the same period. Arthritis of the right knee was rated at noncompensable (0%) from September 12, 2001 to the present.

The Board has granted a 60 percent evaluation for lumbosacral strain with degenerative joint disease and sacralization of L5, effective from June 2000. The facial scars are rated as 10 percent disabling, effective from June 2000. A separate 10 percent evaluation is granted for the veteran's facial scar based on tenderness under Diagnostic Code 7804. The reduction in the rating of post-concussive headaches to noncompensable was found to be improper and void ab initio.

The Board found that the veteran's back disorder, currently characterized as lumbar spondylosis and degenerative disc disease, is not related to his service-connected residual scar of a penetrating gunshot wound to the posterior chest and mid scapular region. The claim was denied.

The veteran's appeals for evaluations of hypertension, degenerative joint disease of the left hip, chronic lumbosacral strain, vertigo, and tinnitus were dismissed as he withdrew his appeal on these issues prior to a decision being made.