Back / lumbar spine decisions — 2000

The veteran's appeal is being remanded due to the need for further development and adjudication of his claims, including increased ratings for his service-connected disabilities and secondary service connection for a left hip disability.

The Board has granted a 30 percent rating for migraine headaches, finding that the veteran's headaches occur one to three times weekly and are characterized by brief neurologic deficits. The claim for service connection for sinus/rhinitis disorder and residual disability due to nasal surgery is denied as not well-grounded, and the claim for service connection for a back disability is also denied as not well-grounded.

The veteran's low back disability was initially rated as noncompensable from December 8, 1995 to January 27, 1998 and later granted a rating of 10 percent effective January 28, 1998.,For the period from February 14, 1994 to January 27, 1998, the veteran's left hip fracture was rated as 10 percent disabling. From January 28, 1998 onwards, a rating in excess of 30 percent is sought.

The Board denied the veteran's claims for increased ratings and service connection due to a lack of competent medical evidence linking his current conditions to his military service.

The Board has determined that the veteran's claims for increased ratings are denied due to inadequate evidence and need further examination.

The veteran is seeking a higher disability evaluation for his service-connected lumbosacral spine disability. The Board has determined that additional development, including obtaining medical records and evidence from the RO level, is necessary before this case can be adjudicated.

The Board has granted a compensable disability evaluation for fungal infection of the feet, but remanded the issues of increased disability evaluation for degenerative disc disease and benefits under 38 U.S.C.A. § 1151 for additional disability of the left eye due to VA treatment.

The Board has determined that the veteran's claims for service connection for neck and lumbar spine injury residuals, to include traumatic arthritis in each circumstance, are not well grounded.

The Board dismissed the appeal regarding loss of teeth due to withdrawal by the appellant. The claim for COPD, secondary to tobacco use during service, is not well-grounded. The claim for reopening the back disability issue has been denied as no new and material evidence was submitted.

The veteran's postoperative residuals of a lumbar HNP with traumatic arthritis are not more than 20% disabling, and his service-connected disabilities do not prevent him from securing or following substantially gainful employment.

The Board denied the appellant's claims for increased ratings for his service-connected degenerative arthritis of the right shoulder, with superior displacement of the distal clavicle; degenerative joint and disc disease of the cervical spine, with limitation of motion; and degenerative joint and disc disease of the lumbar spine. The claim for a compensable evaluation for degenerative joint and disc disease of the thoracic spine was also denied.,The Board found that the appellant's service-connected right shoulder disability is primarily manifested by recurrent complaints of pain, without evidence of limitation of motion of the arm or limitation of motion of the arm to 25 degrees from the side. The cervical spine disability does not show more than slight limitation of motion. The lumbar spine disability shows no more than slight impairment with no evidence of muscle spasm on extreme forward bending, loss of lateral spine motion, unilateral, in standing position. The thoracic spine disability is manifested by complaints of pain in the thoracic region.

The Board has determined that the veteran's claims of entitlement to service connection for right shoulder and low back disorders are not well-grounded, as there is no competent evidence linking these conditions to service.

The Board has granted a 20 percent evaluation for the veteran's service-connected lumbosacral spine degenerative disc disease, but denied increased ratings for his right knee and right ankle disabilities.

The veteran's claim for a back disability was granted, resulting in an increased rating from 10% to 20%, effective March 23, 1995. Attorney fees are eligible based on past due benefits awarded for this increase.

The Board has determined that the veteran's current low back disability is not related to service, including his coccyx surgery. The evidence does not support a finding of continuity of symptomatology or a relationship between the current disability and service.

The Board found that the veteran's lumbosacral strain with degenerative changes is not productive of more than severe intervertebral disc syndrome and has not resulted in unfavorable ankylosis, warranting a 40 percent disability rating.

The Board denied the claim for service connection for lumbar disc disease, finding that there was no evidence linking the condition to the appellant's period of service or his service-connected postoperative residuals of right perinephric abscess.

The Board has determined that the veteran's claims for service connection for defective hearing, residuals of a right leg injury, and residuals of a low back injury are not well-grounded. The evidence does not support the presence of these conditions during or as a result of military service.

The Board denied the veteran's claims of service connection for a psychiatric disorder and a back disorder, finding that new and material evidence had not been submitted to reopen the claim for the psychiatric disorder and concluding that the claim for the back disorder was not well-grounded.

The veteran's claims for service connection and higher ratings have been denied. The RO has determined that the veteran does not have a current disability manifested by abdominal pain, but his lumbar spine disorder is currently rated at 10%. His skin condition (melasma) remains non-compensable.