Back / lumbar spine decisions — 2000

The Board has reopened the claim for service connection of a low back disorder due to new and material evidence, but finds that the claim is not well grounded.

The veteran's claims for service connection for various conditions are denied as there is no competent medical evidence of current disabilities.

The Board found that the veteran's low back disorder existed before his service and thus rebutted the presumption of soundness. The claim for service connection was denied as there is no competent evidence showing an increase in disability during service or a relationship to service.

The Board denied the veteran's claim for an initial evaluation in excess of 40 percent for his service-connected low back disability, finding that the earliest effective date possible was April 1, 1997.

The veteran's claim of entitlement to service connection for a back disorder is granted, and he is awarded a permanent and total disability rating for non-service connected pension purposes.

The Board has granted a 60 percent evaluation for the veteran's service-connected postoperative residuals of a herniated nucleus pulposus at L4-L5, finding that his disability warrants such an evaluation based on severe limitation of motion and persistent symptoms compatible with sciatic neuropathy.

The veteran's claims for service connection of cervical and lumbar spine disorders are not well grounded.,His claim for increased evaluation of his status post left medial thigh injury is granted, with a current rating of 10%.,His claim for an increase in the evaluation of his status post repair of left femoral artery remains denied.

The Board has determined that the veteran's claim for service connection for lumbar disc disease is not well grounded, and thus denied.,The Board also found that the veteran's claim for service connection for a right ear hearing loss disability is not well grounded, and thus denied.

The Board denied the veteran's claims of service connection for degenerative joint disease with spondylolisthesis, a skin disorder including fatty tumors secondary to exposure to herbicides, and PTSD. The evidence did not support a finding that these conditions were related to his military service.

The Board has determined that the veteran's right ankle and low back disabilities do not warrant increased evaluations as they do not meet the criteria for higher ratings under the applicable VA rating schedule.

The Board has granted increased ratings for the veteran's service-connected left knee, cervical spine, and lumbar spine disabilities.

The Board found that the veteran's osteoarthritis of the left great toe warranted a 10 percent rating, and service connection was granted for degenerative disc disease of the lumbar spine as secondary to his service-connected left great toe disability.

The Board has granted an increased rating to 40 percent for the veteran's service-connected degenerative joint disease of the lumbosacral spine, which was previously rated at 20 percent.

The Board has determined that the veteran's claims for service connection for a low back disorder and a psychiatric disorder are not well grounded, as there is no medical evidence of current disabilities or a nexus to service.

The Board has determined that the veteran's low back disability, including postoperative residuals of a left L4-5 hemilaminectomy and discectomy, is service-connected as it was shown to be incurred during active duty.

The Board found that the veteran's claim for service connection for a back disability, including degenerative osteoarthritis and degenerative disc disease of the lumbar spine, is not well grounded due to lack of evidence showing a chronic condition during active service or within any applicable presumptive period.

The RO denied service connection for a low back disability on the basis that no chronic low back disorder was shown by the evidence of record. The veteran's claim has not been reopened due to lack of new and material evidence.

The Board has determined that the veteran's claim for service connection for residuals of a low back injury is well-grounded and remanded for further development.

The Board denied service connection for a low back disability and residuals of an eye injury, finding no new and material evidence to reopen the claims. The right eye condition is considered acute and transitory.

The veteran's low back disorder is currently evaluated as 10 percent disabling, effective from May 4, 1995. Service connection has been granted for PTSD and seizure disorder.