Back / lumbar spine Board decisions

The veteran's claims for compensable ratings for low back disorder, right knee disorder, and left knee disorder are being remanded due to the need for additional medical examination and development of records.

The veteran's low back strain was previously rated at 10 percent, effective January 15, 1997. The RO has now proposed to reduce this rating to noncompensable, effective June 1, 1999. However, the Board finds that a restoration of the 10 percent rating is warranted due to improvement in the veteran's condition.

The Board has determined that the veteran's lumbar spine condition does not warrant a higher disability rating, as it is currently evaluated at 20 percent.

The Board has determined that the veteran's degenerative arthritis of both hips, lumbosacral strain with disc disease and arthritis, and bilateral hearing loss are all service-connected. The evaluation for lumbosacral strain is granted at 20 percent, while the hearing loss remains noncompensable.

The Board denied the veteran's claims for increased ratings for his service-connected left knee disability, finding that there was no clear and unmistakable error in the July 1993 RO decision denying service connection for a low back disability. The Board also found that the veteran did not meet the criteria for a rating in excess of 20 percent prior to December 23, 1996 or in excess of 10 percent after January 31, 1997.

The Board has determined that the veteran's claims for service connection for bilateral ankle arthritis and a low back disability secondary to his service-connected knee disabilities are not well-grounded. The medical evidence does not support these claims.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a back disability, and thus the appeal is granted.

The Board has granted a higher 30 percent rating for the service-connected low back disability, which was previously rated at 20 percent.

The Board denied the veteran's claims for service connection for a back disorder and an increased rating for organic brain syndrome, but upheld his individual unemployability rating. The decision also noted that there was no evidence linking the personality disorder to the service-connected organic brain syndrome.

The Board has granted service connection for the veteran's low back and cervical spine disabilities, effective from October 11, 1989. The issues of entitlement to an earlier effective date for PTSD were previously addressed by the Court and are not currently under consideration.

The Board has reopened the veteran's claim for service connection for a right knee disorder and finds that it is well grounded. The evidence shows that the veteran had a pre-existing condition of recurrent dislocation of the patella with chondromalacia, which existed prior to service and was not aggravated by service.

The Board found that the appellant's claims of service connection for endometriosis, lumbosacral strain, and major depression were not well-grounded due to lack of competent evidence linking these conditions to her military service.

The Board has granted a retroactive disability evaluation of 20 percent for the veteran's service-connected degenerative changes of the lumbar spine, effective from November 15, 1968.

The Board finds that there is not a reasonable possibility of valid claims concerning whether the veteran's acquired psychiatric disorder, chronic low back disability, and hypertension were incurred in or aggravated by service.

The Board found that the veteran's disabilities do not meet the criteria for a higher rate of pension based on the need for regular aid and attendance or at the housebound rate.

The Board denied the veteran's claims for an increased evaluation for his service-connected low back pain syndrome and denied service connection for lumbar spine facet degenerative changes with bilateral sciatic neuropathy, finding that the current symptoms were not caused by his service-connected disability.

The veteran's appeal is being remanded for further development, including a spine examination to determine whether the service-connected low back strain aggravates or is aggravated by degenerative disc disease. The issue of service connection for degenerative disc disease will also be addressed.

The veteran's claim for a total rating based on individual unemployability (TRIU) is denied as his service-connected disabilities do not meet the legal threshold for such a rating.

The Board denied claims for service connection for an eye injury, residuals of rheumatic fever, and a low back disorder. The claim for a compensable evaluation for shrapnel wounds to the face was also denied.

The veteran's service-connected degenerative joint disease of the lumbar spine at L4-S1 is currently rated at 40 percent, which is the maximum schedular evaluation available for severe limitation of motion. The evidence does not meet the criteria for a higher rating under Diagnostic Code 5293 (for intervertebral disc syndrome) or any other applicable diagnostic codes.