Back / lumbar spine decisions — 2000

The Board found that the veteran's claims for bilateral hallux valgus and a back disorder were not well-grounded, as there was no competent evidence linking these conditions to service.

The Board has determined that the veteran's claims for service connection for headaches, stomach disorder, back disorder, and labyrinthitis are not well-grounded. As a result, these claims have been denied.

The Board has determined that the effective date for the award of a total rating for compensation purposes based on individual unemployability should be November 21, 1994.

The Board denied the veteran's claim for service connection of low back disability, finding that there was no well-grounded evidence to support his claim.

The Board has determined that the veteran's service-connected thoracolumbar strain warrants a disability rating of 20 percent, effective from the date of claim.

The veteran's claim for service connection for a low back disorder is well grounded. The claim for service connection for an upper back and neck pain is not well grounded. Initial compensable evaluations of 10 percent are granted for patellofemoral pain syndrome of the left knee and right knee, respectively.

The Board has granted a 40 percent rating for the veteran's service-connected mechanical low back pain with sacralization of L5, finding that it is productive of severe functional limitation due to pain.

The Board found that the veteran's current back disability is not related to his service, and denied both his claim for service connection for a chronic back disability and his request for an increased rating for bilateral iritis. The veteran's iritis has resolved with cataract extraction in one eye.

The veteran's lumbosacral strain and traumatic arthritis are currently rated as 20 percent disabling, and the residuals of a fracture of the left femur with shortening, anterior bowing, and varus deformity are also rated at 30 percent.

The Board of Veterans' Appeals has determined that the veteran's current low back disability, including laminectomy, L4-5, herniated nucleus pulposus with compression fractures of the thoracic and lumbar spine, is related to his parachute injury in service. As such, the claim for service connection is granted.

The Board has determined that the veteran's service-connected low back syndrome with bulging intervertebral disc warrants a 40 percent evaluation, based on severe recurring attacks of pain and functional impairment.

The VA determined that the veteran's low back disability, which is service-connected and not related to any specific exposure or presumption, does not warrant a higher rating than the current 20 percent evaluation.

The Board denied service connection for the veteran's claimed conditions, and the veteran appealed. The attorney was not eligible to receive a fee from past-due benefits due to exceeding the 20% limit.

The Board denied entitlement to service connection for a back disorder and numbness in the feet, finding that there was no evidence linking these conditions to service.

The veteran's claim for an increased rating for chronic lumbosacral strain is denied as the evidence does not show that his disability meets or approximates the criteria for a higher evaluation.

The Board found that the veteran's claims for service connection for chronic back disability and chronic respiratory disability (including bronchial asthma and bronchitis) were not well-grounded. The VA treatment records did not show any chronic residuals from the inservice injuries or illnesses, and there was no evidence of continuity of symptoms since service.

The Board found that the appellant did not file a timely and adequate substantive appeal for his claims of service connection and disability rating, thus dismissing these issues.

The Board has determined that the veteran's claims for service connection for a back disability and a right hip disorder are not well-grounded. The evidence does not support a finding of a current disability related to active service.

The Board has granted increased ratings for the veteran's service-connected lumbosacral strain and hypertensive cardiovascular disease, but denied an increase in rating for chronic bilateral iritis.

The Board has determined that the veteran's claim for service connection for a back disability is not well grounded and thus must be denied.