Back / lumbar spine decisions — 2000

The Board has determined that the veteran's claims for service connection for low back disability, residuals of asbestos exposure, and residuals of exposure to toxic materials are not well grounded. The claim for service connection for an adjustment disorder is well grounded, and the veteran was granted service connection for dysmenorrhea.

The Board found that new and material evidence had not been submitted to reopen the claim for service connection for low back pain, as the evidence was largely cumulative or irrelevant.

The Board has determined that the veteran's claims of service connection for depression, low back disability, epididymitis, prostatitis, and ulcers are not well-grounded as there is no medical evidence linking these conditions to his period of active military service.

The Board has granted secondary service connection for a cervical spine disorder, but the effective date and rating need to be determined by the RO. The veteran's total unemployability benefit is also under consideration.

The Board denied service connection for an acquired psychiatric disorder, a low back disorder, and jungle rot, as well as an increased rating for postoperative residuals of a tear of the left lateral meniscus and partial tear of the left quadriceps muscle. The decision also reopened one or more claims on the basis of new evidence.

The Board has determined that the evidence received since the last final denial in 1993 is not so significant that it must be considered to fairly decide the merits of the claim. New and material evidence has not been submitted, and the claims are denied.

The Board has determined that the appellant has not submitted new and material evidence to reopen his claims for service connection for a back disorder and an acquired psychiatric disorder. The case is being remanded for further action.

The Board granted an increased disability rating for the veteran's cervical, thoracic, and lumbosacral muscular pain. The attorney fees from past-due benefits are eligible based on this decision.

The veteran's death was not due to his own willful misconduct, but he did not meet the criteria for DIC under 38 U.S.C.A. § 1318 as he was not rated as totally disabled for a period of at least ten years immediately preceding his death.

The Board denied service connection for low back and psychiatric disorders as secondary to the service-connected gunshot wound of the right foot.

The Board has denied the veteran's claims for increased ratings for his low back strain and cervical spine disability, finding that the current evaluations adequately reflect the severity of these conditions.

The Board denied the veteran's claims for effective dates prior to June 6, 1984 for the assignment of disability ratings and service connection for his shell fragment wounds and lumbar spine condition.

The Board denied an increased rating for the veteran's service-connected idiopathic scoliosis of the dorsolumbar spine, currently evaluated at 20 percent.

The VA determined that the veteran's additional back disability was not service-connected, as his current condition is unrelated to any issues stemming from his military service.

The Board has granted service connection for residuals of a left eye injury and increased the rating for low back disability to 20 percent effective from August 23, 1999. The claim for an increased rating prior to this date remains pending.

The Board granted a rating of 60 percent for the veteran's service-connected intervertebral disc disease of the lumbar spine with radiculopathy, finding that it more closely approximates the criteria for a 60 percent evaluation.

The Board has found that new and material evidence has been submitted to reopen the claim of service connection for a low back disability. The current low back disability is related to an injury sustained in service.

The Board has determined that the veteran is not entitled to an evaluation in excess of the currently assigned ratings for his service-connected conditions.

The Board has determined that the veteran did not timely file a substantive appeal regarding his dissatisfaction with the initial rating assigned for chronic low back strain and folliculitis decalvans. As such, the claims are dismissed.

The Board has determined that the veteran's service-connected spondylitis with arthralgia in the lumbar spine warrants a 40 percent evaluation, based on severe limitation of motion.