Back / lumbar spine Board decisions

The Board granted an increased rating of 30 percent for the service-connected back disability, effective October 6, 1990.

The Board has granted a 40 percent rating for the service-connected residuals of a bimalleolar fracture of the left ankle with internal fixation, finding that these symptoms more nearly approximate unfavorable ankylosis in extreme plantar flexion. The claim for service connection for a back disorder as secondary to the service-connected left ankle disability is also granted.

The veteran's low back disability was rated at 20 percent from January 29, 1993 to May 27, 1999.,From May 28, 1999 onwards, the disability remained rated at 40 percent.

The veteran's service-connected DDD of the cervical spine is rated at 30 percent effective April 1, 2000.

The veteran's claim for service connection for PTSD was denied due to lack of verified stressors. The low back disability is currently rated at 40 percent, effective September 3, 1992.

The Board denied service connection for a back disability, residuals of a head injury, diabetes mellitus, peripheral neuropathy, and bilateral foot deformity. The claim for increased evaluation of bronchial asthma was granted but the veteran disagreed with the assigned percentage.

The Board has determined that the veteran's claim for service connection for degenerative disc disease, claimed as peripheral neuropathy, is not well grounded because there is no competent evidence of a relationship between his current diagnoses and his active military service or herbicide exposure.

The veteran's claim for an increased rating for his service-connected degenerative joint disease of the lumbosacral spine with history of laminectomy at L4-5 was granted, effective from April 21, 1997.

The Board denied the veteran's claims for service connection for low back and cervical spine disabilities, finding that there was no evidence of a chronic disability in service or continuity of symptomatology post-service. The claim for low back disability is not well grounded due to lack of medical opinion linking current disability to service, while the claim for cervical spine disability lacks any post-service diagnosis.

The Board has granted a higher rating of 40 percent for the veteran's service-connected lumbosacral strain, effective from August 3, 1998. The 10 percent rating for degenerative arthritic changes of the lumbar spine remains unchanged.

The veteran's service-connected disabilities, which include impingement syndrome and calcific tendonitis of the right shoulder, degenerative joint disease of the lumbar spine, degenerative joint disease of the right ankle, and traumatic arthritis of the left index and ring fingers, effectively preclude him from securing or following a substantially gainful occupation. As such, he is granted a total disability rating based on individual unemployability (TDIU).

The Board found that the appellant's malunited right malleolus fracture preexisted service and was not aggravated by service. The claim for low back disorder is not well-grounded.

The Board has determined that the appellant's service-connected disabilities, including a back disability, right toe disability, and scar on his right distal tibia, have rendered him unable to secure or follow a substantially gainful occupation. As such, he is granted a total rating for compensation based on individual unemployability.

The Board granted service connection for a low back disorder secondary to the appellant's service-connected left ankle disability, but denied an increased rating for his left ankle condition.

The veteran's low back strain is currently rated as noncompensable prior to February 4, 1998 and 10 percent thereafter. The right knee ACL tear is currently rated at 30 percent. The traumatic arthritis of the right knee is currently rated at 10 percent.,The veteran's service-connected conditions do not warrant a higher rating based on the current evidence.

The Board has remanded the case for further development, including obtaining VA examinations and reviewing outstanding medical records. The veteran's claims of increased evaluations for his left ankle fracture and lumbar strain are well-grounded, but the RO must ensure all relevant evidence is considered before making a decision.

The Board has determined that new and material evidence has not been received to reopen the veteran's claims for service connection for back disability and psychiatric disability. Therefore, these claims are denied.

The veteran's claim for a total disability rating based on unemployability due to service-connected disabilities is granted with an effective date of February 17, 1995.

The Board denied the veteran's claim for an increased disability rating for her service-connected lumbar strain, finding that the degree of disability does not meet the criteria for a higher rating.

The Board has determined that the veteran's current low back pain is related to his service and finds that he incurred a disability during active duty. Service connection for a low back disability is granted.