Back / lumbar spine Board decisions

The veteran's low back disability is rated at 60 percent, effective June 2, 1992. The left little finger disability remains noncompensably disabling. Neurogenic bladder has been rated as 40 percent disabling since February 17, 1994. The residuals of in-service rib injury and head injury are each rated at 30 percent disabling. PTSD is rated at 30 percent disabling effective June 2, 1992. The veteran's bowel disability remains noncompensably disabling.

The veteran's conditions do not meet the criteria for special monthly pension based on need for aid and attendance prior to August 27, 1998.

The Board has determined that the April 1989 decision was clearly and unmistakably erroneous in not reopening the appellant's claim, thus vacating the June 1994 Board decision.

The Board found no evidence of a back disorder during the appellant's ACDUTRA and concluded that his current back disorder is not related to service.

The Board has determined that the effective date for the award of nonservice-connected disability pension benefits should be July 31, 1997, and the effective date for the commencement of payment is August 1, 1997.

The Board denied service connection for various conditions, including a left foot and/or ankle disorder, low back disorder, skin disorders of the feet, bronchitis, and sinusitis. The veteran's pre-service fracture was not considered to have increased in severity during service.

The veteran's low back disability, including arthritis and degenerative disc disease, has been manifested by no more than severe limitation of motion, severe intervertebral disc syndrome, and severe lumbosacral strain. The condition is not manifested by pronounced intervertebral disc syndrome.

The veteran's claims for increased ratings for his service-connected disabilities were denied. The RO affirmed the determinations previously entered and granted entitlement to an increased (compensable) evaluation of 10 percent for a SFW scar of the right hand.

The Board has determined that the veteran currently has right knee and right ankle strain, which were incurred in service. The claim for left ankle strain is remanded. Post-traumatic headaches are also granted. Service connection for lumbosacral strain was not established.

The Board denied reopening the veteran's claims for service connection for low back disability and cervical spine disability due to lack of new and material evidence.

The Board has determined that the veteran's current lumbosacral strain and radiculopathy do not warrant an evaluation in excess of 40 percent.

The veteran's service-connected headaches are currently rated at 30 percent, which is the maximum rating available under Diagnostic Code 8100. The RO has granted a separate noncompensable rating for his hiatal hernia with gastroesophageal reflux (GER) effective from November 2, 1998.

The veteran's service-connected disabilities, including arthritis of the lumbar spine with DDD, left and right knee and ankle arthritides, as well as postoperative foot disabilities, have been granted increased evaluations.

The veteran's service-connected lumbosacral strain is rated at 20 percent, which the Board finds insufficient to reflect his current level of disability. The evidence shows that he experiences chronic and recurrent low back pain with a burning sensation radiating into his hip and leg.

The Board has determined that the veteran's service-connected degenerative disc disease, L4 to L5 fracture, status post spinal fusion warrants a 40 percent evaluation. The veteran also meets criteria for a total rating based on individual unemployability due to his disability.

The veteran's appeal of the issues related to right ear hearing loss, left hip disability, and back disability is denied. The issue of entitlement to an original rating for residuals of a fracture of the right maxillary bone will be remanded.

The Board has granted a separate evaluation of 20 percent for the veteran's degenerative joint disease of the lumbar spine, effective January 1, 1996. The RO also assigned a noncompensable evaluation for his service-connected right foot disability.

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

The veteran's service-connected disabilities prevent him from obtaining and retaining employment consistent with his abilities, aptitudes, and interests; thus he has an employment handicap. The Board finds that the veteran meets the criteria for entitlement to benefits under Chapter 31, Title 38, United States Code.

The Board has reopened the veteran's claim for service connection of a low back disorder, but it remains to be determined whether new evidence is sufficient to grant service connection.