Back / lumbar spine decisions — 2000

The Board has determined that the effective date for the award of TDIU should be February 23, 1990, as this is the earliest date on which a claim was filed. The veteran's service-connected disabilities met the percentage requirements for TDIU from June 8, 1990.

The veteran's appeal is remanded for additional development, including obtaining VA treatment records and arranging for a VA examination to assess his service-connected disabilities and their impact on employment. The claim for service connection for low back disability will also be addressed.

The Board has restored the veteran's original 40 percent disability rating for chronic lumbar strain, finding that there was no actual improvement in his condition since the initial grant of service connection.

The Board denied the veteran's claims for increased evaluation of right wrist fracture, service connection for right knee disability, PTSD, bilateral hearing loss, tinnitus, and back disability. The RO found that there was no evidence to support a higher rating or service connection for these conditions.

The veteran's low back disorder, which is currently rated at 20 percent disabling under the criteria for lumbosacral strain, has been granted a higher evaluation of 40 percent based on severe limitation of motion and other symptoms.

The Board denied the veteran's claims for increased ratings for bilateral hearing loss and low back disability, finding that the evidence did not warrant an increase in rating under either the old or new criteria.

The Board denied the veteran's claim for service connection for a low back disorder, finding no evidence of a nexus between any current low back disability and active duty.

The veteran's claims are being remanded due to the need for a video-conference hearing before a Veterans Law Judge.

The veteran's claims for service connection for a right ankle sprain and back disorder were denied. The claim for deviated nasal septum was not reopened due to lack of new and material evidence.

The veteran's service-connected low back strain with sacroiliitis and ankylosing spondylitis is currently rated at 40 percent, which is the maximum schedular evaluation available. The veteran's limitation of motion of the dorsal spine due to ankylosing spondylitis is currently rated at 10 percent.

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

The Board has determined that the veteran's degenerative disc disease of the lumbar spine warrants a 40 percent evaluation, effective from the date of receipt of his claim.

The Board found that the veteran's degenerative joint disease of the thoracolumbar spine was not incurred in or aggravated by service, nor is it proximately due to or the result of a service-connected disability.

The Board has reopened the veteran's claim for service connection for a back disorder, finding that new and material evidence has been submitted. However, the claim is still pending as it must be remanded to allow for further development.

The Board finds no evidence of current disabilities involving the eyes, low back or ankles. The veteran's service medical records do not show chronic disability in these areas. As such, the claims for service connection are denied.

The Board has granted increased evaluations for arthritis of the left shoulder, right shoulder, and lumbosacral spine to 20 percent each.

The Board found that the veteran's polyarthritis was not caused by VA medical treatment, including his use of Gemfibrozil. The bilateral hip degenerative joint disease with bilateral total hip replacements, degenerative joint disease of the right knee, and degenerative disc disease of the lumbosacral spine were also determined to be unrelated to VA treatment.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of service connection for a back disability. The current medical evidence supports the conclusion that the veteran's current back disability is related to injuries sustained during his active military service.

The veteran's disabilities, while disabling, do not meet the criteria for special monthly pension based on need for regular aid and attendance or being housebound.

The Board denied the veteran's claim for service connection for residuals of a back injury, finding that there was no evidence of chronic disability in service or within one year thereafter. The VA examiner concluded that the current neck and low back disabilities are not related to an inservice parachute jump.