Back / lumbar spine decisions — 2000

The Board has reopened the claims of service connection for low back disorder, bilateral knee disorder, and right hip disorder. The evidence now shows that these conditions are related to the appellant's parachute activities in service.

The Board denied the appellant's claims for service connection due to lack of new and material evidence for his right eye injury claim, but found that he had a current diagnosis of peripheral neuropathy of the feet related to cold injuries in service. The other claims were not well-grounded.

The VA denied the veteran's claim for special monthly pension on account of the need for aid and attendance of another person or being permanently housebound due to his disabilities, including multiple lumbar diskectomies, reflex sympathetic dystrophy, varicose veins, migraine headaches, and occasional bowel and bladder incontinence. The evidence showed that he was able to attend to personal needs and perform light household chores with assistance.

The veteran's claims for increased ratings and service connection were denied. The RO found that new evidence did not support reopening the claim for hypertension, and that there was no basis to grant increased ratings for his low back disability or gout.

The Board has determined that new and material evidence has been submitted to reopen the claim of entitlement to service connection for post-traumatic stress disorder, making it well grounded. The other issues on appeal will be addressed in the REMAND section.

The Board has determined that the veteran's claims for service connection are not well grounded, and thus cannot be granted.

The veteran's claim for an increased rating and service connection for her right knee synovitis and low back disorder were partially granted. Her right knee condition is now rated at 40% disabling, while the low back disorder claim was denied.

The veteran's bladder dysfunction claim is pending and a higher rating for his back disability is also pending. The case has been remanded to the RO for further development.

The Board has granted service connection for residuals of an injury to the low back, including L4-5 disc herniation, finding that these conditions are proximately due to or the result of a service-connected disease or injury.

The Board found that the veteran's spondylolisthesis of the lumbar spine did not meet or approximate the criteria for a disability rating higher than 20 percent.

The veteran's claims for increased evaluations of his cervical spine, lumbar spine, and hiatal hernia disabilities have been denied. The RO has determined that the evidence does not support a higher evaluation for any of these conditions.

The case is being remanded to the RO for additional development, including verification of service records and obtaining medical treatment records. The RO will then readjudicate the claims for a higher disability rating for low back disability and entitlement to TDIU.

The Board has granted an increased rating for PTSD and has reopened the previously denied claims of service connection for back and right shoulder disabilities, finding new and material evidence to support these claims.

The Board has determined that the veteran's claim of service connection for a back disorder is well grounded. The anxiety disorder, however, does not meet the criteria for a disability rating in excess of 50 percent.

The Board denied the veteran's claims for increased ratings for various service-connected disabilities, finding that his claims were not well-grounded and thus did not meet the initial burden of proof.

The Board found that the veteran's claims of service connection for a back condition, an eye condition, and ear conditions were not well-grounded due to lack of competent evidence linking current disabilities to service.

The veteran's claim for an increased evaluation of his service-connected low back disability is being remanded due to the need for additional development, including obtaining medical records and employment information.

The Board granted service connection for PTSD and assigned a 70 percent disability rating, effective from December 1996. The veteran's PTSD is characterized by severe, periodic acute exacerbations with panic disorder, agoraphobia, and depression resulting in unemployability.

The Board has determined that further evidentiary development is needed, including determining the nature of the veteran's cattle farming operation and obtaining additional evidence regarding his service-connected disabilities. The claims for increased evaluations for coronary artery disease with hypertension and degenerative disc disease of the cervical spine will be addressed separately.

The Board denied an increased rating for the veteran's degenerative spondyloarthrosis of the lumbosacral spine, finding that the evidence did not support a higher evaluation.