Back / lumbar spine Board decisions

The Board denied the veteran's claims for increased evaluations for his service-connected chronic sinusitis, chondromalacia of the right knee, and lumbar diskectomy with central bulging disc. The veteran did not meet the criteria for a compensable evaluation under Diagnostic Code 6510 for chronic sinusitis or for an increase in evaluation beyond 10 percent under Diagnostic Codes 5257 and 5003 for chondromalacia of the right knee, or for an increase in evaluation beyond 40 percent under Diagnostic Code 5293 for lumbar diskectomy with central bulging disc.

The veteran's disability manifested by recurrent low back pain is due to an injury incurred in service, and the Board finds that it is likely that the veteran currently suffers from residual disability of the right middle finger. The claim for increased rating for residuals of fracture of the distal interphalangeal joint of the right middle finger is granted.

The veteran's appeals for an increased rating for PTSD and TDIU were dismissed due to the lack of a proper substantive appeal.

The Board granted service connection for PTSD and assigned a 30 percent evaluation effective October 30, 1995. The veteran's earlier effective date claim was denied as the original claim was filed on October 30, 1995. The Board also found that an increased rating for PTSD is warranted.

The Board denied an increased evaluation for PTSD and the gunshot wound to the lumbar spine, but granted service connection for osteoarthritis of the lumbar spine. The veteran's claim for arteriosclerotic heart disease was not reopened due to lack of new and material evidence.

The Board has denied the veteran's claims of service connection for a back disorder, residuals of cold injury/frostbite of the feet, allergic rhinitis/conjunctivitis, and lung/respiratory disorder due to lack of competent medical evidence showing current diagnoses.

The veteran's service-connected degenerative disc disease, lower lumbar spine is currently rated at 20 percent and the Board finds that this rating is appropriate based on the evidence of record.

The Board has restored the appellant's 10% disability rating for bronchitis from November 7, 1996. The issues of service connection for osteoarthritis of the right knee and secondary service connection for left knee disorder are remanded for further development.

The Board denied the appellant's claims for increased ratings for arthritis in the hands, bilateral plantar fasciitis, and osteoarthritis of the lumbar and thoracic spine. The evaluations were found to be appropriate based on the current functional impairment.

The Board has granted a 60 percent rating for the veteran's low back disorder, which is the maximum schedular rating available under Diagnostic Code 5293.

The Board has granted secondary service connection for mechanical low back pain, finding that it is proximately due to or the result of service-connected knee impairment. The final two issues regarding rating excess of 10 percent for left and right knee chondromalacia are remanded.

The veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 for residuals of a low back injury is being remanded due to the implementation of the Veterans Claims Assistance Act of 2000, which requires additional notification and development action.

The veteran's appeal is being remanded for additional development, including obtaining medical records and providing the veteran with a VA examination to assess his right knee disability and any arthritis of the hips, legs, or low back. The RO will also determine if the current 20% rating for the right knee should be reduced.

The veteran's appeal is for a higher disability rating for his service-connected low back disorder. The RO has scheduled a new VA examination to assess the current severity of his condition and will consider staged ratings if warranted.

The Board has determined that the veteran's current spondylolisthesis is related to an inservice back injury, and thus service connection for a low back disorder is granted.

The Board has denied the veteran's claims for service connection for a back disability secondary to his service-connected right knee disability and for an increased evaluation of his right knee disability. The issues are not related to any exposure basis, such as Agent Orange or Camp Lejeune. There is no indication that the veteran was participating in a VA rehabilitation program at the time of treatment.

The Board denied the veteran's claim for service connection as there is no medical evidence showing a low back disorder was incurred or aggravated by service.

The Board has determined that the veteran's claim of service connection for a low back disorder is remanded to allow for further development, including scheduling an additional VA medical examination.

The Board denied the veteran's request to reopen his claim of service connection for a back disorder, finding that the submitted evidence was not new and material.

The Board has denied the appellant's claims for increased disability evaluation and total disability rating based on individual unemployability due to service-connected disabilities. The RO is instructed to obtain updated medical records, employment information, and conduct a VA social and industrial survey.