Back / lumbar spine Board decisions

The Board has determined that the veteran's degenerative disc disease with history of low back strain and degenerative changes warrants a rating of 60 percent, effective from July 2000.

The veteran was granted a TDIU and increased evaluations for mechanical low back pain and postoperative residuals of cervical fusion at C5-C6 effective as of February 19, 1991.,An earlier effective date of October 29, 1996 is granted for the grant of a 40 percent evaluation for mechanical low back pain.

The Board found that the reduction of the veteran's service-connected compensation was proper due to his incarceration. The overpayment issue was also resolved in favor of the veteran, as he demonstrated no bad faith and provided evidence showing his inability to repay the debt.

The Board found new and material evidence to reopen the claim for service connection for a left ankle disorder. The claims of service connection for arthritis of the low back and residuals of a left great toe injury were granted with appropriate evaluations.

The Board found that the veteran's conditions, including trigeminal neuralgia, multiple sclerosis (MS), arthritis of the lumbosacral spine, and peripheral neuropathy, were not incurred during military service as a result of herbicide exposure.

The Board denied an increased rating for the veteran's service-connected low back strain and also determined that his lumbar disc disease was not proximately due to or aggravated by his service-connected low back strain.

The veteran was initially granted a 10 percent disability rating for his back condition prior to December 2, 1998. As of December 2, 1998, he was awarded a 40 percent disability rating.

The Board denied the veteran's claims for service connection for arthritis of the spine as secondary to his service-connected right shoulder disability and denied an increased rating for his residuals of a gunshot wound to the right shoulder. The veteran's degenerative arthritic disease was not found to be aggravated by his service-connected right shoulder disability.

The Board found that the veteran's disability picture is most consistent with a currently assigned 40 percent disability evaluation for degenerative disc disease of L5-S1, and thus denied an increased disability evaluation.

The veteran's initial rating for chronic low back pain was increased from 10% to 20%, effective July 22, 1997. The claim for an increased rating for arthritis of the left knee remains pending and has not been decided yet. The extraschedular evaluation for residuals of a meniscectomy and anterior cruciate ligament repair was granted.

The veteran sustained additional disabilities in his right shoulder, low back, and possibly right hip as a result of falling into an elevator at the VA hospital. The low back disability is attributed to pre-existing service-connected lumbosacral strain aggravated by the fall. Right shoulder and right hip injuries are considered new disabilities resulting from the 1995 incident.

The Board denied the veteran's claims for an increased disability rating and a total disability rating based on individual unemployability due to service-connected disabilities. The veteran's low back disability is currently rated at 40 percent.

The Board has reopened the veteran's previously denied claim of service connection for residuals of a low back injury due to new and material evidence submitted since the July 1986 denial. The case is now remanded for further development.

The Board has determined that the appellant's low back disorder, manifested by symptomatology analogous to severe lumbosacral strain, warrants a rating of 40 percent under Diagnostic Code 5295.

The Board finds that the veteran's service-connected bilateral pes planus could aggravate his low back pain, resulting in a grant of secondary service connection for low back disability.

The Board has determined that the veteran's post-operative residuals of a lumbar fusion due to an L4 burst fracture with bilateral quadriceps weakness, femoral neuropathy, and compensatory scoliosis are manifested by a vertebral deformity and severe limitation of lumbar motion. The criteria for a 50 percent evaluation have been met.

The Board has granted service connection for a chronic lumbar strain, finding that the veteran's current low back pain is related to his in-service diagnosis of chronic lumbar strain.

The Board denied the veteran's claims for service connection for a bilateral ankle disability, bilateral pes planus, low back disability, and psychophysiologic gastrointestinal disease. The evidence did not support a link between these conditions and his military service.

The Board has determined that the veteran's service-connected degenerative disc disease with degenerative arthritis of the lower lumbar and sacral spines does not warrant an evaluation in excess of 20 percent.

The Board is remanding the case for further development to determine the cause of the veteran's low back disability and whether it is related to his service-connected right knee disorder.